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

Tag Archives: Canada

Canada Retaliates

Posted in Aerospace & Defence, Antidumping, Border Security, Buy America, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Government Procurement, Imports Restrictions, Legal Developments, NAFTA

On June 29, 2018, Canada released its list of products on which retaliation will be taken against the 232 steel and aluminum tariffs imposed by the U.S. Table 1 products are subject to a 25% surcharge. While the products listed on Tables 2 and 3 are subject to a 10% surcharge. See Canada 232 Retaliation… 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

Which Way Is Up?

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

This client alert was originally published on May 30, 2018, and now there is an update. Today, May 31st, President Trump announced a resolution with Argentina, Brazil and Australia regarding the 232 tariffs on steel (25%) and/or aluminum (10%), but as there is no similar agreement with Canada, Mexico or the EU, the tariffs on… Continue Reading

The United States Imposed 25% Steel Tariffs and 10% Aluminum Tariffs on Canada and Canada Responds

Posted in Antidumping, Border Security, Canada's Federal Government, Exports, NAFTA, NAFTA Renegotiations, Trade Remedies, U.S. Federal Government

On May 31, 2108, President Trump issued two Presidential Proclamations, which impose steel and aluminum tariffs on Canada. All exports of covered steel will be subject to a 25% import tariff (Canadian steel into the United States) and all exports of covered aluminum products will be subject to a 10% tariff (Canadian aluminum into the… Continue Reading

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

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

Is your organization ready for the new CPTPP?

Posted in Canada's Federal Government, Corporate Counsel, CPTPP, TPP-1, Trade Agreeements

On January 23, 2018, Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam reached an agreement in principle for a multi-country free trade area. The Trans-Pacific Partnership Agreement has been renamed and will be called the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”). We don’t yet know when the CPTPP… Continue Reading

Canadian Customs Duties and the Trump Tax Changes – What Do They Have In Common?

Posted in Customs Law, origin, U.S. Federal Government, valuation

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (the “Trump Tax Act”).  The Trump Tax Act materially changes U.S. corporate tax laws and incentivizes U.S. companies with overseas operations to either return home to the United States and/or repatriate money home to the United States. As companies are attempting to… 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

A Long Time Coming: Canada Files WTO Case Against U.S. Systematic Trade Remedies Measures

Posted in Antidumping, Canada's Federal Government, Softwood Lumber, Trade Agreeements, Trade Remedies, U.S. Federal Government, World Trade Organization

On December 20, 2017, Canada filed a Request for Consultations with the World Trade Organization (“WTO”) setting out various concerns with the application of U.S. trade remedies that Canada considers to be inconsistent with WTO rules.   On January 10, 2018, the Chairman of the Dispute Settlement Body circulated a communication of Canada’s 32 page Request… 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

Canada has posted the 2018 Consolidated Customs Tariff Schedule

Posted in Customs Law

Canada’s H.S. codes and duty rates are contained in a schedule to the Customs Tariff.  Every year, Canada publishes online the Departmental Consolidation of the Customs Tariff.  This is chapter-by-chapter files (html and pdf files) with Canada’s tariff rates and a column setting out tariff reductions under Canada’s various free trade agreements.  The 2018 Version… Continue Reading

Top 10 Anti-Bribery/Anti-Corruption Developments in Canada in 2017

Posted in Canada's Federal Government, Cross-border deals, Export Controls & Economic Sanctions, FCPA/Anti-Corruption

Canada is not known for developments in anti-bribery and anti-corruption laws.  However, 2017 has been a busy year of advancements and developments.  Looking back on 2017, persons with a real and substantial link to Canada should be more concerned about compliance with Canada’s anti-bribery laws. In you have not done so already, it is time… Continue Reading

Facilitation Payments are Bribery: Canada Finally Repeals “Facilitation Payments” Exception

Posted in Canada's Federal Government, Cross-border deals, FCPA/Anti-Corruption

Canadian anti-corruption law is now clear, facilitation or “grease” payments to foreign public officials are illegal. There used to be a gray area – some Canadian companies did not know how to approach the small payments requested by low-level officials to speed up routine government functions and Canadian compliance managers wasted much time guessing about… Continue Reading

Speak Up!: Canada Is Consulting With Canadians On Cannabis Duties And Taxes

Posted in Canada's Federal Government, cannabis, Cross-border trade, Excise Duty, Excise Tax, Imports Restrictions

On November 10, 2017, Canada’s Department of Finance made an announcement of a one month consultation process concerning the imposition of excise taxes/duties and goods and services tax (“GST”) and harmonized sales tax (“HST”) on cannabis products. Canadian stakeholders, businesses and the public have until December 7, 2017 to submit feedback as part of the Government of Canada’s… Continue Reading

What is the CPTPP?

Posted in Canada's Federal Government, TPP-1, Trade Agreeements, Uncategorized

On November 10, 2017, the TransPacific Partnership Agreement (-1) was renamed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”).  Canada made an announcement about the CPTPP and the new name was used.  Canada’s announcement was made prior to the release of the Joint Statement. The CPTPP parties are Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico,… Continue Reading

Are You Asking The Right Questions When You Travel With Electronic Devices?

Posted in Border Security, Canada's Federal Government, Corporate Counsel

  Technology is wonderful. Laptop computers are getting lighter.  Storage capacity on laptop computers, smart phones, USB keys and other electronic devices are up in the terabytes.   You can travel with your electronic devices and no one will know you are not in the office. What this means is that we can travel with vast… 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

Global Affairs Canada Consulting Canadians on TPP-1

Posted in Canada's Federal Government, NAFTA Renegotiations, TPP-1, Trade Agreeements

On September 30, 2017, Global Affairs Canada commenced a consultation process with Canadians about on entering into a TransPacific Partnership Agreement with the remaining 11 counties (“TPP-1”).  An announcement was published in the Canada Gazette, Part 1, Volume 151, No. 39 (September 30, 2017) concerning the consultations.  On page 3759, Global Affairs published a notice… 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