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

Tag Archives: seizure

Federal Court of Appeal Finds NEXUS Pass Confiscation Not Justified

Posted in Legal Developments, NEXUS

On February 8, 2018, the Federal Court of Canada released its decision in Gunwani Sodhi v. The Minister of Public Safety and Emergency Preparedness, 2018 FC 145 in which Justice Campbell found that the confiscation of Mr. Sodhi’s NEXUS membership by the Canada Border Services Agency (“CBSA”) lacked justification. This is the first Canadian judicial… 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

The Canada Border Services Agency Has Authority To Seize Hate Propaganda

Posted in Border Security, Canada's Federal Government, Customs Law, tariff classification

The Canada Border Services Agency (“CBSA”) is the gatekeeper and hate propaganda is a prohibited importation under item 9899.00.00.00 of the Customs Tariff (Canada).  Don’t bring hate propaganda to Canada and do not send hate propaganda to Canada and don’t attempt to import hate propaganda into Canada – unless you would like the CBSA to… Continue Reading

Gamblers Are Often Stopped By The CBSA Who Ask Questions If Winnings Are Proceeds Of Crime

Posted in NEXUS, Proceeds of Crime/Money Laundering

If you are a Canadian citizen or Canadian resident and have been lucky in Las Vegas, Atlantic City, Paradise Island, Macau or other gambling destinations, be prepared to be asked questions by the Canada Border Services Agency (“CBSA”) when you return to Canada with your winnings. The CBSA sees a large amount of money and… Continue Reading

Alcohol And Tobacco: Two Things That Cause CBSA Officers To Not Apply Common Sense

Posted in Customs Law, NEXUS

I receive many calls from clients who have disputes with the Canada Border Services Agency (“CBSA”) at the Canadian border.  Some of the most amazing stories relate to seizures of alcohol (beer, wine, liquor) and tobacco (usually cigarettes).  In most of the cases, I wonder aloud why the CBSA Officer could not use common sense… Continue Reading

Did You Know That Certain Exporters Must Report Exports From Canada?

Posted in Border Security, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports

It is true.  There are legal requirements to export certain exports from Canada.  On September 1, 2015, the Canada Border Services Agency (“CBSA”) reissued updated D-Memorandum D-20-1-1 “Exporter Reporting” to remind exporters of the rules. Any exporter, including a non-resident exporter may be required to report the goods being exported.  The exporter is the person… Continue Reading

The CBSA Seizes $USD 129,000 at the Canada-US Border Crossing at Cornwall

Posted in Border Security, Canada's Federal Government, Criminal Law, Proceeds of Crime/Money Laundering

On June 6, 2016, Cornwall Newswatch reported that on May 21, 2016 the Canada Border Services Agency (“CBSA”) seized $USD 129,000 at the Cornwall border crossing.  The money had not been reported by two travelers and was seized under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “Proceeds of Crime Act“).  Two… Continue Reading

Women Traveling With Expensive Purses/Handbags May Expect The CBSA To Ask Questions

Posted in Customs Law, NEXUS

There is a trend at Montreal Trudeau International Airport – Canada Border Services Agency (“CBSA”) officers are asking women who return to Canada with expensive purses (Dior, Prada, Coach, Channel, etc.) to go to secondary inspection.  In the Secondary Inspection Area, the CBSA officers accuse the woman of purchasing their purse/handbag on their most recent… Continue Reading

When the Canada Border Services Agency Seizes Your Cash, What Can You Do To Get Your Cash Back?

Posted in Border Security, Canada's Federal Government, Criminal Law, Customs Law, NEXUS

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 form… Continue Reading

Did you know that certain exporters must report exports from Canada?

Posted in Border Security, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports

It is true.  There are legal requirements to report certain exports from Canada.  On September 1, 2015, the Canada Border Services Agency (“CBSA”) reissued updated D-Memorandum D-20-1-1 “Exporter Reporting” to remind exporters of the rules. Any exporter, including a non-resident exporter may be required to report the goods being exported.  The exporter is the person… Continue Reading

Canadians Living In Border Cities at Risk for NEXUS Pass Confiscations

Posted in Border Security, Customs Law, Uncategorized

Many Canadians who live in border cities (such as Windsor, Niagara Falls) are more likely to have a NEXUS pass.  Many Canadians who live in border cities work in the United States and travel back and forth across the border on a daily basis.  Given that individuals are human and humans make mistakes, the Canadians… Continue Reading

The Canada Border Services Agency Looks At Exports Too

Posted in Export Controls & Economic Sanctions, Uncategorized

The Canada Border Services Agency (“CBSA”) may detain any goods that are being exported from Canada if the CBSA is concerned that the goods are being exported contrary to Canada’s export controls and economic sanctions laws.  This happens with increasing frequency these days. A number of clients have received notifications from the CBSA that their… Continue Reading