Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Why Can’t CBP Get It Right?

Originally published by the Journal of Commerce in October 2010 -

There has been a lot said in the trade press recently about the decision in U.S. v Pressman-Gutman, et al. (CIT 9-16-10) Slip Op. 10-105. Everyone seems (dare I...

Canadian Exporters Should Get Used to Asking For End User Certificates

Canadian exporters of goods to (1) Iran (2) third countries which are intermediary points/shipping points to Iran, (3) countries subject to a U.S. embargo (e.g., Cuba), (4) Area Control List countries (North Korea, Burma/Myanmar...

Why Does It Appear Anti-Bribery Enforcement Is Lacking in Canada?

On October 2, 2010, I gave a presentation at the University of Windsor, Center for Transnational Law and Justice concerning Canada's anti-bribery laws. The theme of my presentation was that Canada takes a balanced approach to...

Canadian International Trade Tribunal Determines Health Care Services NOT Covered in Procurement Agreements

Talk about perfect timing! The Canadian International Trade Tribunal (CITT) issued a decision on October 13, 2010 in the case of Bayshore Healthcare Ltd. (doing business as Bayshore Home Health) (PR-2010-065). The timing of the...

Minister Van Loan Opens Fifth Round of Canada-EU CETA Negotiations

On October 18, 2010, Canada's International Trade Minister, Peter Van Loan, opened the Fifth Round and Canada-EU CETA 9Comprehensive economic and Trade Agreement) negotiations - here is the video...

Canada Border Services Agency Seized $2.4 Billion in Goods Last Year

Kathleen Harris is reporting in the Toronto Sun that the Canada Border Services Agency seized illicit and illegally imported goods worth more than $2.3 billion at the border last year. Records obtained by QMI Agency under Access...

Canada and Saudi Arabia May Be Discussing Foreign Investment Promotion & Protection Agreement

Arab news is reporting that Canada's International Trade Minister discussed negotiations of a Canada-Saudi Arabia Foreign Investment Promotion & Protection Agreement (like a bilateral investment treaty) during his recent visit to...

Cyndee Todgham Cherniak Appeared on The Agenda With Steve Paikin

Cyndee Todgham Cherniak joined guest James Cowan, John Manley, Weran Jiang and Dan Trefler on The Agenda With Steve Paikin on October 5, 2010 -

www.tvo.org/cfmx/tvoorg/theagenda/index.cfm

The Topic was...

Iran Sanctions Take Effect

The sanctions imposed by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010, H.R. 2194, took effect on September 29, 2010, 90 days after enactment. As such, the general license that existed under 31...

Border Searches Lead To Another Suit Against U.S.

There is no question about the right of CBP and ICE to conduct warrantless searches at the border. However, the extent of those searches when it comes to electronic devices continues to be controversial. In August 2009, both...

Even CBP Must Follow The Rules

The September 16, 2010, decision in U.S. v Pressman-Gutman, et al. (CIT 9-16-10) Slip Op. 10-105, has triggered rounds of applause among traders. This case once again confirmed the regulations mean what they say. In summary, CBP...

Update – Positive Change, But Is it Enough?

Originally published in the Journal of Commerce On-Line edition in September 2010

On August 11, 2010, the Dept. of State published a proposal in the Federal Register to change the rules relative to dual nationals and...

Identity Theft Takes Yet Another New Turn

Originally published in the Journal of Commerce On-Line edition in August 2010

In the May edition, the latest "twist and turns" arising out of instances of corporate identity theft were described. To summarize, corporate...

Never Flunk the Attitude Test!

Proving yet again that if you flaunt the law in an egregious enough manner, the federal government will come after you full force, Thomas George, the former CEO of Sterling Seafood Corp., was sentenced to 22 months in prison for...

What Direction U.S. Customs?

In testimony before the Senate Commerce, Science and Technology Committee earlier this year, Customs and Border Protection ("CBP") Commissioner Bersin laid out the priorities of the agency. He began with a familiar recitation:...

Cyber Security – Real or Imagined?

Originally published by the Journal of Commerce On-Line in July 2010

Now that Google’s license to operate in China has been renewed, it is worth taking a moment to consider the events which preceded the renewal. Perhaps the...