Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



If You Have Commercial Goods, Do Not Use The NEXUS Line/Lane at Customs

Lately, a number of clients have called with incident reports involving either the Canada Border Services Agency (CBSA) or U.S. Customs and Border Protection (USCBP) confiscating NEXUS passes from business travelers because...

NEXUS Travelers Must Carefully Maintain Receipts Over Thanksgiving

Black Friday and Thanksgiving week-end often ends in tears and frustration as Canadian travelers run into difficulties at Canada-US border crossings and at airports.

Canadians join in the U.S. tradition of bargain shopping on...

WHEN YOU LEAST EXPECT IT – THE UK INQUISITION

Australian companies trading overseas face a variety of regulation which governs their operation.  That regulation includes the following:

Australian laws governing trade in Australia;Australian laws governing trade...

The CBSA's Trade Compliance Post-Release Verification Hit List of 2011

The Canada Border Services Agency (CBSA) conducts 4 main types of verifications (audits) in connection with imports of commercial goods:

1. At-the-border Verifications: These verifications occur at the time goods and people pass...

The NEXUS Pass Confiscation Appeal Process Is Administrative

NEXUS pass holders may discover that their "disagreement" with the Canada Border Services Agency (or U.S. Customs) upon re-entering Canada (or the United States) may result in the immediate confiscation of their NEXUS pass or...

GET READY - Changes Are Coming To Canada's Controlled Goods Program Re New ITAR Rules

On May 17, 2011, Canada's Controlled Goods Directorate (division of Public Works and Government Services Canada) issued notice "NOTICE TO CONTROLLED GOODS PROGRAM REGISTRANTS REGARDING INTERNATIONAL TRAFFIC IN ARMS REGULATIONS...

Trade Symposium – Interagency Cooperation

Al Gina, the new Customs and Border Protection Assistant Commissioner, International Trade, moderated the session at the CBP Trade Symposium. He talked about the Border Interagency Cooperation Council. It’s initial meeting last...

Intellectual property pirates to face new border controls

Over time we have provided various updates on the rights of holders of intellectual property to seize goods at the border arising out of alleged breaches of copyright or trademark legislation.  Those holding intellectual...

The door is not closed on container detention fee issues

The issue of container detention fees remains a real problem for freight forwarders, customs brokers and importers.  It has certainly been the subject of many presentations and questions at CBFCA State Conventions and Member...

New Bills to have an impact on industry

Industry needs to be aware of the progress of two new Bills introduced into Federal Parliament on 23 March 2011 which will have an impact on their operations.

The first Bill is the Customs Amendment (Export Controls and Other...

The rights and liabilities of the unknowing Consignee

Introduction

 

There has been significant debate and discussion about the right and liabilities of parties to shipping contracts for container detention or damage charges.  In the majority of cases, the parties involved are...

New US food controls create additional issues for Australian food exporters

Introduction

 

The level of food safety regulation in the United States ("US") has risen over recent years as US governments have sought to protect the safety of food consumed in the United States.  According to the US Food...

Customs proposing new regulation of exports, depots and warehouses

By way of Australian Customs and Border Protection Notice No. 2011/04 ("Notice") and subsequent announcement on its website, the Australian Customs and Border Protection Service ("Customs") sought feedback from industry on the...

Sad SAC's low-value imports and the future of Australian retailing

Introduction

On 18 December 2010, the Assistant Treasurer, the Minister for Broadband, Communications and the Digital Economy, the Minister for Home Affairs & Justice and the Minister for Small Business issued a joint media...

New Rules in Canada for Stopping Goods Contaminated with Foreign Soil

On January 28, 2011, the Canada Border Services Agency (CBSA) released Customs Notice CN-11-001 "Implementation of the Strengthening of the Canada Border Services Agency's Procedures Respecting the Importation of Goods...

Canada Border Services Agency Inspects Valentines Day Flowers Imports for Hidden "Gifts"

This time every year, millions of flowers are imported into Canada from South America (for example, Ecuador and Colombia). Just like their American counterparts, in the weeks leading up to Valentines Day, the Canada Border...