Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Who is Caught By Canada's Economic Sanctions and Trade Restrictions Against Libya?

Canada has imposed wide reaching economic sanctions and trade restrictions against Libya. Canada has two sanctions regimes in place against Libya:

1) Multilateral sanctions as agreed by the United Nations imposed pursuant to the...

Partners/Partnerships Are Tricky With GST/HST

Partners and partnerships are different legal entities for goods and services tax (GST) / harmonized sales tax (HST) purposes. Pursuant to subsection 123(1) of the Excise Tax Act (Canada), a partnership is a "person".  ...

Amalgamations and GST/HST

Amalgamations are the combining of one or more corporation to form a new entity.  For example, Corporation A and Corporation B can amalgamate under corporate laws to form Corporation AB.  The assets and liabilities are...

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...

The Canada Border Services Agency May Charge You With Smuggling If You Do Not Declare Goods Acquired Abroad

I receive calls regularly from people who were on vacation or away from Canada visiting relatives or former homes and who buy or acquire/receive goods (including gifts and property they own) outside Canada. I get the telephone...

Canada's Office of Superindendent of Financial Institutions Issues Notice on Libyan Sanctions

On March 1, 2011, the Office of Superintendent of Financial Institutions Canada released a notice regarding the new regulations implementing the United Nations Resolution on Libya and taking special economic measures. For a copy...

Summary of Canada's New Trade and Economic Sanctions Against Libya

On February 27, 2011, Canada's Prime Minister Harper announced that new regulations have been promulgated to establish new trade restrictions and economic sanctions against the Libyan regime and new obligations on Canadian...

Risky Business: Doing Business in Failed States and Failing States

The uprisings in Tunisia, Egypt and Libya and the actions of the failing regimes have created legal issues for businesses that have established businesses in those failed states and for businesses that wish to continue to do...

CAUTION: Canadian Companies Owing Money To Libyan Regime May Be Prohibited Under Canadian Law From Paying

Louise Elliott of the CBC raises an important issue in her blog posting entitled "Does Suncor still owe money to Gadhafi's regime?" see...

Canada Imposes New Economic Sanctions Against Libya And This Affects Business

On February 27, 2011, Canada's Prime Minister Harper announced that new regulations have been promulgated to establish new economic sanctions against the Libyan regime. However, when one says "Libyan regime", one has to include...

The Government of Canada Should Ask The Canadian International Trade Tribunal Whether Canada Needs Equivalent to Section 337 of U.S. Tariff Act

There is a little known provision in Canadian law that is under-utilized. This provision is a powerful mechanism that holds promise and opportunity. Pursuant to section 18 of the Canadian International Trade Tribunal Act...

Is There a Canadian Equivalent to Section 337 of the U.S. Tariff Act?

The answer is no and maybe. While Canada does not have a trade remedy exactly like Section 337 of the Tariff Act, Canada does have a mechanism that may be used to obtain a court order against foreign goods that infringe a...

Tom Fox/Jonathan Marks 13 Steps Compliance Action Plan

My friend Tom Fox has recently posted two posts on FCPA Compliance and Ethics Blog:

1. Jonathan Marks' 13 Step FCPA Compliance Action Plan (January 11, 2011) -...