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

Category Archives: Politics

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China 301 List 3 Products – New Schedule Published

Posted in Border Security, Countermeasures, Cross-border trade, Customs Law, Imports Restrictions, Legal Developments, Politics, tariffs, Trade Remedies

In the August 7, 2018 Federal Register, U.S. Trade Representative Lighthizer published the latest official timeline for those planning to participate in the China 301 List 3 proceedings. The relevant dates are: August 13, 2018 – due date for filing requests to be a witness and a summary of expected testimony; August 20-23, 2018 – public… Continue Reading

What Are Canada’s Economic Sanctions Against Venezuela?

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

Canada imposes two types of unilateral economic sanctions against Venezuela.  Canada imposes unilateral economic sanctions under the Special Economic Measures Act (and Special Economic Measures (Venezuela) Regulations).  Canada also imposes unilateral economic sanctions and trade restrictions pursuant to the Justice for Victims of Corrupt Foreign Officials (Sergei Magnitsky Law) Act and Justice for Victims of… Continue Reading

America First – America Alone?

Posted in Corporate Counsel, Customs Law, Export Controls & Economic Sanctions, Legal Developments, Politics, Trade Remedies

Originally published by the Journal of Commerce in May 2018 The White House website defines the foreign policy of the Trump Administration as follows: “President Trump is bolstering American influence by leading a coalition of strong and independent nations to promote security, prosperity, and peace both within America’s borders and beyond. The promise of a… Continue Reading

The Bumpy Ride Continues!

Posted in Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border litigation, Cross-border trade, Customs Law, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

Originally published by the Journal of Commerce in May 2018  as part of its 100 Top Importers and Exporters Edition Old movie buffs immediately recognize the inspiration for the title. There was a movie released in 1950 starring Bette Davis called All About Eve. Its most famous lines have bearing on current events impacting global… Continue Reading

Knock, Knock: The Tariffs Are Coming! The Tariffs Are Coming!

Posted in Aerospace & Defence, Agriculture, Anti-Trust/Competition Law, Antidumping, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

Originally published by the Journal of Commerce in March 2018 As has been widely reported, on March 8, 2018, President Trump signed one Presidential Proclamations imposing a 25% additional tariff on defined steel products, and a second one imposing an additional 10% tariff on defined aluminum products.  The only countries exempted from the outset are… 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

What Should Canadian Companies Due Between NAFTA Modernization Rounds?

Posted in Agriculture, Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border trade, Customs Law, Energy, Environment, Government Procurement, Immigration law, Imports Restrictions, Intellectual Property, International Arbitrations, NAFTA, NAFTA Chapter 11, NAFTA Renegotiations, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies

In the week of August 16, 2017, Canada’s NAFTA modernization team met in Washington D.C. with the United States Trade Representative’s NAFTA renegotiation team and Mexico’s NAFTA modernization team. At the end of the meeting, they issued a Trilateral Statement on the Conclusion of NAFTA Round One and indicated that Round Two will be held in… Continue Reading

Canadian Government Export Controls Policies Under A Microscope

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

On July 28, 2017, Global Affairs Canada issued a statement of concern relating to escalating violence in eastern Saudi Arabia. In the Statement entitled “Canada concerned by escalating tensions in eastern Saudi Arabia”, Global Affairs stated: “Canada is concerned by the escalating violence in eastern Saudi Arabia, which has resulted in civilian and security force casualties…. Continue Reading

Seth Godin’s “On Pie” Applies To Market Access And The World Pie

Posted in Agriculture, Antidumping, Buy America, Canada's Federal Government, Canada-China FTA, Canada-EU CETA, Canada-Ukraine FTA, Cross-border deals, Cross-border trade, Exports, Imports Restrictions, NAFTA Renegotiations, Personal Comments, Politics, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

On April 6, 2017, Seth Godin posted “On Pie” on his blog.  I have thought about what Seth Godin wrote in “On Pie” many times when Canada, US or Canada-US trade issues arise, such as the Softwood Lumber AD/CVD Dispute, the 232 Steel Case, the 232 Aluminum Case, the Canadian FISC AD/CVD Case, NAFTA renegotiation, etc…. Continue Reading

Trump Travel Restrictions: What Canadians And Canadian Residents And NEXUS Card Holders Need To Know

Posted in Canada's Federal Government, Immigration law, Law Schools, NEXUS, Politics, U.S. Federal Government

On June 26, 2017, the United States Supreme Court unanimously overturned lower court decisions that delayed the implementation of President Trump’s Executive Order implementing travel restrictions against persons from 6 countries (Iran, Libya, Somalia, Sudan, Syria, Yemen). A limited version of President Donald Trump’s travel restrictions will go into effect Thursday morning (June 29).  The… Continue Reading

Damned If You Do/Damned If You Don’t: Foreign Extraterritorial Measures Act and Trump’s Cuba Policy

Posted in Canada's Federal Government, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports, Imports Restrictions, Politics, U.S. Federal Government

On June 16, 2017, President Trump gave a speech in Miami and announced he was reversing some of President Obama’s Policy on Cuba. Just as Canadian businesses were getting used to the Obama Policy on Cuba, there has been a partial snap-back.  Not only has there been a partial snap-back, there is a stronger enforcement… Continue Reading

Iran Sanctions – Tit for Tat?

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Environment, Export Controls & Economic Sanctions, Exports, Government Procurement, Harmonization, Immigration law, Imports Restrictions, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

On Sunday, March 26, 2017, the Iranian State Agency (IRNA) announced the imposition of sanctions by Iran on 15 American companies.  While the move is widely seen as Iran responding to recent and on-going enforcement action taken in the U.S., such action is certainly creating ever more complex circumstances in the region. In explaining the… Continue Reading

Thickening of the Border – What Is Canada’s Concern?

Posted in Border Security, Canada's Federal Government, Cross-border trade, Customs Law, Energy, Exports, Harmonization, Immigration law, Imports Restrictions, NEXUS, Politics, U.S. Supreme Court

The phrase “thickening of the border” equates with increased regulations and costs, which result in difficulties or slow-downs at the border such that goods and people move at the pace of molasses. Border wait times increase as new border charges are paid and shipments are inspected and border officers assess risks.  Any thickening of the… Continue Reading

What Is On Your NAFTA Renegotiation Wish List?

Posted in Aerospace & Defence, Antidumping, Border Security, Buy America, Canada's Federal Government, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Energy, Government Procurement, GST/HST, Immigration law, Intellectual Property, Labour, NAFTA, NAFTA Chapter 11, origin, Politics, Provincial Governments, Softwood Lumber, Trade Agreeements, U.S. Federal Government

President Trump has said that he wants to renegotiate NAFTA.  Rather than taking a negative view of change, ask yourself “What is on my NAFTA Renegotation Wish List?”.  What changes to NAFTA could benefit your business?  What improvements to NAFTA can save your business money?  What adjustments will improve your business’ supply chain?  What should… Continue Reading

Russian Election Hacking – The Cyber Story

Posted in Border Security, Corporate Counsel, Criminal Law, Cybersecurity and Privacy, Elections, Politics, U.S. Federal Government

Originally published by the Journal of Commerce in January 2017 The Senate Armed Services Committee hearing on January 5, 2017 was an opportunity to learn what the intelligence community determined regarding cyber-attacks related to the 2016 Presidential election.  For those of us having to deal with the potential consequences to our businesses, it was the… Continue Reading

NOT SO FAST!

Posted in Aerospace & Defence, Anti-Trust/Competition Law, Antidumping, Border Security, Controlled Goods Program, Corporate Counsel, Cross-border deals, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, FCPA/Anti-Corruption, Politics, Tax, Trade Agreeements, Trade Remedies, Transportation

Originally published by the Journal of Commerce – November 2016 Fans of ESPN’s College Game Day© will recognize this tag line from the reaction of Lee Corso when he disagrees with others when panelists predict winners of selected college football games. If you prefer a different sports metaphor, there is Aaron Rodger’s 2014 now famous… Continue Reading

Is the Canada-EU CETA Dead? An Update

Posted in Canada's Federal Government, Cross-border trade, International Arbitrations, Politics, Trade Agreeements

As a trade lawyer, I remain optimistic that the Canada-EU Comprehensive Economic and Trade Agreement (“CETA”) will be signed. I am not ready to issue a “call of death”; but I am closer to that call than I was last week.  The problem is that Canada is finished negotiations of the CETA and will not reopen… Continue Reading

What Should Canadians Listen For While Watching the U.S. Presidential Debate

Posted in Antidumping, Border Security, Buy America, Canada's Federal Government, Cross-border deals, Cross-border trade, Elections, Export Controls & Economic Sanctions, Immigration law, NAFTA, NAFTA Chapter 11, Politics, Softwood Lumber, State Courts, State Governments, Tax, Trade Agreeements, U.S. Federal Government, U.S. Supreme Court, World Trade Organization

Tonight is the first U.S. Presidential Debate.  Every 4 years, Canadian bureaucrats and those interested in politics watch the debates looking for clues as to what good and bad may be coming.  I thought it would be useful to make a list, from the perspective of a Canadian trade lawyer, of what Canadians should listen… Continue Reading

Canada Border Services Agency Revised Code of Conduct Is Published Online

Posted in Border Security, Canada's Federal Government, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, Immigration law, Imports Restrictions, NEXUS, Personal Comments, Politics, Proceeds of Crime/Money Laundering

On August 16, 2016, the Canada Border Services Agency (“CBSA”) posted its revised Code of Conduct, to which all CBSA officers must adhere. The three “values” pillars of the CBSA Code of Conduct are (1) Respect, (2) Integrity and (3) Professionalism. Respect The CBSA makes the following statements in the Code of Conduct regarding “Respect”: Respect… Continue Reading

Twelve Action Items Coming Out Of The Three Amigos June 29, 2016 NAFTA Meeting

Posted in Antidumping, Border Security, Canada's Federal Government, Cross-border deals, Cross-border trade, Customs Law, Exports, Immigration law, Imports Restrictions, NAFTA, NEXUS, Politics, Softwood Lumber, Trade Agreeements, Transportation, U.S. Federal Government

On June 29, 2016, Canadian Prime Minister Justin Trudeau, U.S. President Obama and Mexican President Peña Nieto met in Ottawa, Canada for the North American Leaders’ Summit.  Many press releases were issued – but most of the outside press related to the North American Climate, Clean Energy and Environment Partnership.  The Action Plan is yet… Continue Reading

Canada’s Fathers of Confederation Envisioned Internal Free Trade Between Provinces

Posted in Constitutional Law, Legal Developments, Personal Comments, Politics, Provincial Governments, Supreme Court of Canada

On May 11, 2016, I testified before the Canadian Senate Standing Committee on Banking, Trade and Commerce, which is currently considering internal trade in Canada.  My testimony is posted on the Senate website.  In my opening presentation, I discussed the Comeau decision, which is one of the most interesting decisions I have read recently (any… Continue Reading

Tips re Cybersecurity

Posted in Border Security, Corporate Counsel, Cross-border deals, Government Procurement, Politics

Los Angeles City Attorney Mike Feuer recently provided tips to aid individuals to protect themselves from identity theft: Shred all documents containing personal, financial or medical information before you throw them out. Be cautious using debit cards. Don’t use at gas pumps or for shopping online. Don’t respond to e-mails, calls or texts seeking sensitive… Continue Reading

California Transparency in Supply Chain Act Update

Posted in Border Security, Corporate Counsel, Cross-border deals, Customs Law, Legal Developments, Politics

On April 13, 2015, California Attorney General Kamala Harris issued “A Resource Guide” for companies subject to California’s Transparency in the Supply Chain Act (the “Act”). This resource guide was published in conjunction with the first efforts by the State of California to enforce the Act which took effect in 2010. The recent enforcement effort… Continue Reading