On June 7, 2019, Canada’s Federal Court of Appeal (FCA) confirmed in Chen v. Minister of Public Safety and Emergency Preparedness, 2019 FCA 170, that the Canada Border Services Agency (“CBSA”) cannot seize goods that were imported more than 6 years ago (even if the duties were not paid). In Chen, the
Federal Court of Appeal Finds NEXUS Pass Confiscation Not Justified
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
Walking the North Korean Tightrope
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
The Canada Border Services Agency Has Authority To Seize Hate Propaganda
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
Gamblers Are Often Stopped By The CBSA Who Ask Questions If Winnings Are Proceeds Of Crime
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
Alcohol And Tobacco: Two Things That Cause CBSA Officers To Not Apply Common Sense
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
Did You Know That Certain Exporters Must Report Exports From Canada?
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
The CBSA Seizes $USD 129,000 at the Canada-US Border Crossing at Cornwall
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
Women Traveling With Expensive Purses/Handbags May Expect The CBSA To Ask Questions
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
How Much Is That Doggy In The Window?
The Canada Border Services Agency (“CBSA”) see many cute puppies that are adopted by Canadian families. An issue for the CBSA is the value of the puppy. When Canadian families bring their little puppies across the border, they must declare the puppy to the primary CBSA officer and the amount they paid for the puppy.