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

Category Archives: Exports

Subscribe to Exports RSS Feed

Trump’s withdrawal from the Iran JCPOA Deal: What does this mean for Canadian companies and trusts?

Posted in Aerospace & Defence, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports, U.S. Federal Government

On May 8, 2018, U.S. President Donald Trump announced that the U.S. will withdraw from the Joint Comprehensive Plan of Action (“JCPOA”) with Iran. Canada was not a party to the JCPOA.  So, the U.S. being in or out of the JCPOA does not affect Canada directly. That being said, President Trump’s decision has consequences… Continue Reading

Where Do Your Goods Originate?

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, FCPA/Anti-Corruption, Government Procurement, Imports Restrictions, Legal Developments, origin, Trade Agreeements, Trade Remedies

Originally published by the Journal of Commerce in April 2018 The brewing trade war between the U.S. and China serves as a reminder to international traders that knowing where your goods are made and being able to prove it are two very different issues.  At a time when it remains common place for U.S. Customs… Continue Reading

What We Have is a Failure to Communicate: Computer Programmers Should Not be Expected to Know Customs and Trade Compliance

Posted in AMPs, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, GST/HST, Imports Restrictions, origin, Sales Taxes, tariff classification, Tax, valuation

This is a common problem – too common.  The people in the company responsible for customs and trade compliance do not work closely with the computer programmers as software is being developed — and mistakes are made.  The computer programmer does his or her job in preparing the code, but does not have any knowledge… Continue Reading

The new Trump tariffs – the tip of the trade iceberg

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Government Procurement, Legal Developments, Trade Agreeements, Trade Remedies

Our good friend and Australian lawyer – Andrew Hudson – has published an article about the U.S. steel and aluminum tariffs with an interesting take based on current events in Australia. Andrew’s article can be found on the Rigby Cooke website at http://www.rigbycooke.com.au/latest/new-trump-tariffs-tip-of-trade-iceberg. It has also been published in the DCN at http://www.thedcn.com.au/the-new-trump-tariffs-the-tip-of-the-trade-iceberg/ (subscription required)…. Continue Reading

Here Come Those New Steel and Aluminum Tariffs!

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Buy America, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

Earlier today, March 8, 2018, President Trump signed two Presidential Proclamations, one dealing with additional tariffs on steel and the other with additional tariffs on aluminum. As has been widely reported in the general press, those rates are 25% on steel and 10% on aluminum. The only countries exempted are Canada and Mexico. Steel articles… Continue Reading

Steel & Aluminum: Tough Tariffs, Tough Road Ahead?

Posted in Aerospace & Defence, Agriculture, Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Exports, Legal Developments, Trade Remedies, World Trade Organization

Earlier today, President Trump announced his intention to adopt the recommendations of the Dept. of Commerce and impose tariffs on imports of steel and aluminum. The formal signing is said to be taking place “next week”.  President Trump has stated those tariffs will be 25% on foreign-made steel and 10% on foreign-made aluminum. Hopefully when… 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

He Said What ?????

Posted in Aerospace & Defence, Agriculture, Antidumping, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, Harmonization, Imports Restrictions, Intellectual Property, Legal Developments, Proceeds of Crime/Money Laundering, Trade Remedies

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… 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

Canada’s Indirect Economic Sanctions: Where Export Development Canada is not pursuing business at this time

Posted in Canada's Federal Government, Export Controls & Economic Sanctions, Exports

Canada effectively imposes economic sanctions against certain countries via the Export Development Canada (“EDC”) positions on where they will and will not or business.  EDC is Canada’s export credit agency.  The EDC extends credit to Canadian businesses (big and small) to facilitate export sales. EDC financial products and services include trade credit insurance, export financing… Continue Reading

You need an export permit to export certain recyclables and scrap products from Canada to China

Posted in Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

Canada’s export controls go beyond dual-use goods, chemicals, defence and military items, and other goods on the Export Control List.  Canada imposes export controls under a variety of statutes and regulations.  For example, Canada controls exports of cannabis, cultural property, hazardous waste, hazardous recyclable and scrap materials, rough diamond, human pathogens, honey, maple syrup, (the… Continue Reading

Canada Did Not Impose New Economic Sanctions Against North Korea In 2017

Posted in Export Controls & Economic Sanctions, Exports

In 2017, the United Nations Security Council imposes 3 new rounds of economic sanctions against North Korea (Resolution 2397 (2017) on December 22, 2017, Resolution 2375 (2017) on September 11, 2017, and Resolution 2371 (2017) on August 5, 2017).  However, Canada has not amended existing regulations under the United Nations Act against North Korea.  Canada implements United… Continue Reading

Canada Has Many Export Controls/ Economic Sanctions Lists

Posted in Canada's Federal Government, Corporate Counsel, Export Controls & Economic Sanctions, Exports

Canada has made many lists and you may have to look at more than one list before exporting goods.  Which lists you must look at depends upon the destination country, the identity of buyer (including related parties), what specifically you are selling to your buyer (the good and its component parts), and the industry in… Continue Reading

A “Catch 22” For Canadian Corporations Trading With Cuba – Canada’s Foreign Extraterritorial Measures Act –

Posted in Corporate Counsel, Export Controls & Economic Sanctions, Exports

It is legal under Canadian law for Canadian persons, including Canadian corporation, branches of U.S. companies and subsidiaries of U.S. companies to do business with Cuba. Canadian persons and Canadians outside Canada may sell goods and services to Cuba, with the exception of goods covered by Canada’s export control and economic sanctions laws. For example,… Continue Reading

Canada Lists Names: Canada Publishes 3 Magnitsky Sanctions Lists

Posted in Aerospace & Defence, Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Legal Developments, Proceeds of Crime/Money Laundering

On November 3, 2017, Canada announced sanctions and published three lists of names under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (a.k.a Canada’s Magnitsky Act) imposing sanctions against 52 individuals from Russian, Venezuela and South Sudan.  The Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) received Royal Assent on October… Continue Reading

Canada Publishes A Consolidated SEMA Sanctions List

Posted in Canada's Federal Government, Export Controls & Economic Sanctions, Exports

On October 12, 2017, Global Affairs Canada published a Consolidated Special Economic Measures Act Sanctions List.  Before today, Canadian companies had to review each regulation promulgated under the Special Economic Measures Act when conducting due diligence.  However, and this is important, the Global Affairs Consolidated Special Economic Measures Act Sanctions List does not include sanctions… Continue Reading

Canada’s Magnitsky Act Will Pass Third Reading Today

Posted in Canada's Federal Government, Export Controls & Economic Sanctions, Exports

Today, Canada’s House of Commons will pass at third reading Bill S-226 “An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act”. Bill S-226… 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

Canada’s Magnitsky Act Moves Closer To Law On October 2, 2017

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

Bill S-226 “An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act” to be known as “Justice for Victims of Corrupt Foreign Officials… 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

What Should You Do When Canada Releases A New List of Persons Subject to Economic Sanctions and Asset Freezes?

Posted in Export Controls & Economic Sanctions, Exports

On September 22, 2017, Canada did something it has not done in a while – Canada imposed unilateral economic sanctions and asset freezes against 40 officials in the Venezuelan Maduro regime.  A new list of designated persons (Canada’s term for sanctioned persons) was publicly releases – the persons against whom the unilateral economic sanctions, trade… Continue Reading

Canada Has Imposed Economic Sanctions and Asset Freezes On The Venezuelan Maduro Regime

Posted in Canada's Federal Government, Export Controls & Economic Sanctions, Exports

On September 22, 2017, Canada has finally imposed unilateral economic sanctions on the Maduro Regime in Venezuela.  Global Affairs has issued a Press Release entitled “Canada imposes sanctions on Maduro regime in Venezuela”.  Canada has imposed unilateral targeted economic sanctions against 4o Venezuelan officials and individuals under the Special Economic Measures Act.  The Special Economic… Continue Reading

Canadian Companies Should Be Aware Of President Trump’s Executive Order Imposing Sanctions on North Korea AND Those Who Do Business With North Korea

Posted in Export Controls & Economic Sanctions, Exports, U.S. Federal Government

On September 21, 2017, President Trump signed “Presidential Executive Order on Imposing Additional Sanctions with Respect to North Korea“.  This Presidential Executive Order blocks U.S. assets of persons to be identified by the Secretary of State.  The perameters that the Secretary of State may consider in listing any person determined: (i) to operate in the… Continue Reading