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
Currency Reporting
Can I appeal a currency seizure by the Canada Border Services Agency?
Yes, there is a legal mechanism to appeal a currency seizure by the Canada Border Services Agency (“CBSA”). You have a legal obligation to report any import and/or export of currency and/or monetary instruments of more than $Canadian 10,000 (including the equivalent in other currencies). We say “more than $Canadian 10,000”, we mean the combined…
If the CBSA seizes your currency, you must participate fully in the appeal to get it back
On May 28, 2019, the Federal Court of Canada released its decision in Sharanek v. Minister of Public Safety and Emergency Preparedness, 2019 FC 751. Justice Pentney denied Mr. Sharanek’s judicial review because “he did not make submissions on the merits when offered the opportunity to do so”.
The Canada Border Services Agency…
Canada Border Services Agency Routinely Requests Passwords from Travelers/Returning Residents and Examines Electronic Devices
The Canada Border Services Agency (“CBSA”) is granted the power to examine goods imported by travelers and returning residents. Section 99 of the Customs Act gives CBSA officers the power to examine your suitcase, your purse, your backpack, your briefcase and your electronic devices. The word “goods” is defined in subsection 2(1) of the Customs…
Artists entering Canada are targeted by Canada Border Services Agency
Recently, there have been multiple incidents of Canada Border Services Agency (“CBSA”) officers stopping artists for secondary screening. We are aware of a number of incidents. The incidents occurred at multiple border crossings. In all cases, the CBSA equated being an artist with being a drug mule.
In one incident, Tim Hogan, a Canadian indigenous…
Can I get my NEXUS Card back in less than 6 years?
Canada
If the Canada Border Services Agency (“CBSA”) confiscates or cancels your NEXUS Card due to an enforcement action (e.g. the CBSA seizes goods because you failed to declare the goods or the value provided to the CBSA was incorrect), your NEXUS Card will be cancelled for 6 years. Normally, you lose your trusted traveler…
He Said What ?????
Originally published by the Journal of Commerce in December 2017
While Special Counsel Robert Mueller continues his investigation, the recent guilty plea entered by Trump former National Security Advisor Lt. Gen. Michael Flynn (Ret.) serves as a reminder that when you are interviewed by a law enforcement agent, you better be sure what you say…
How To Start A Trade Compliance Program? Who, What, When, Where, How Questions To Ask
Canada
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…
How Can I Get My NEXUS Card Back When It is Cancelled/Confiscated By The CBSA?
Canada
The Canada Border Services Agency (“CBSA”) may confiscate, revoke or cancel a NEXUS Membership for a number of reasons, such as (1) a breach of a customs law (e.g., undervaluation or not declaring goods purchased or acquired outside Canada), (2) a breach of an immigration law (e.g., working in Canada without a proper visa),…
The Canada Border Services Is Getting Authority To Open All Cross-Border Mail
The Canada Border Services Agency (“CBSA”) has statutory authority in subsection 99(1) of the Customs Act to open goods that are being imported – this includes letters and packages. Currently, most packages can be opened, including legal documents sent by a law firm to another law firm or a client. A few years ago I…