Contributing Lawyers

Canada

Cyndee Todgham Cherniak
Michael Flavell
Geoff Kubrick

United States

Susan Kohn Ross

India

China

Thailand

Apisith John Southam

Korea

Canada Will Ban Fresh Water Exports

On November 19, 2008, Canada's Governor General delivered the Throne Speech.  The following statement was included in the Throne Speech as a priority on the Prime Minister's agenda:

"To ensure protection of our vital...

The Canadian Defence Industry Needs the Canadian Government to Ask the Americans (Again) to Fix ITAR rules

On November 12, 2008, the Ottawa Business Journal ran an article entitled “Defence industry pushes for reform of U.S. export controls” abouts the Canadian defence industry’s desire for a flexible application of the ITAR rules...

It is Time to Help Cuba

As a trade lawyer, I have been critical about the U.S. embargo against Cuba.  As the third severe hurricane of the 2008 Season hit Cuba this week-end (Gustav, Ike and now Poloma), the human reaction should be to call on the...

17th United Nations Vote in Favour of the U.S. Lifting Cuba Sanctions

For the 17th consecutive year, the 192-member United Nations Assembly urged the U.S. to lift its economic, commercial and financial embargo, but it will have little impact on the Bush administration, which is again expected to...

What Do Damages Like This Do To A Company's Reputation and Morale?

The Wall Street Journal has reported about Boeing Co.'s $236.1 MILLION in punitive damages awarded by a jury in a lawsuit by ICO Global Communications Holdings made claims of fraud and breach of contract.  This is addition...

Canada's EDC to Voluntarily Disclose Audit Reports

(OTTAWA) – October 20, 2008 – Export Development Canada (EDC) today announced that it has begun proactively disclosing internal audit reports through its public website. EDC is the first federal parent Crown Corporation* to...

In June 2008, EU Lifted Cuba Sanctions

On June 23, 2008, the European Union lifted sanctions against Cuba.  Spain's Prime Minister played a key in persuading the European Union to lift diplomatic sanctions against Cuba.  EU External Relations Commissioner...

Germany Arrests Its Own Spy for Activities with Iran

The true story is probably yet to be reported and possibly the movie will follow.  On October 17, 2008, the Canadian National Post newspaper printed an article about a Canadian - Iranian citizen who was arrested in...

Export Controls Can Apply to Exports of Chemicals

Clients and counsel often do not believe me when I tell them that exports of chemicals may be controlled under export laws.  Well, here is an example of a non-believer learning the hard way. The U.S. Bureau of Industry and ...

Canadian Companies May Benefit From U.S. Changes to De Minimis Rules for Export Controls

The U.S. Bureau of Industry and Security (BIS) has revised its regulations on export controls for foreign-made items that incorporate controlled U.S.-origin goods (the de minimis rules).  The changes are effective on an...

Laptop Searches Editorial in Los Angeles Times

Laptop searches at the border is a topic that I frequently write about on this blog.  The following article appears as a editorial in the Los Angeles Times on September 29, 2008:...

New U.S. Extra-territorial Legislation Includes Tougher Iran Sanctions

On September 26, 2008, the U.S. Congress approved new legislated sanctions that would authorize state and local governments to divest any assets of their pension funds and investments in companies that have invested more than...

Prime Minister Harper Makes Campaign Promise to Restrict Exports of Raw Bitumen

On September 26, 2008, P)rime Minister Stephen Harper made a campaign promise to restrict the export of raw bitumen (in other words, he promised to ban the export of heavy black oil from Canada's oil sands to countries with lax...

NDP Say That If Elected, They Will Terminate Softwood Lumber Agreement

On September 24, 2008, the NDP made a surprising announcement promising that, if Jack Layton were elected Prime Minister, he would serve the United States notice that Canada will withdraw from the Softwood Lumber Agreement. Mr....

Follow Up on India Developments

Bunty has written to me from India and has said:

The Nuclear Suppliers Group met at Vienna last week and on Saturday at an extended meeting released a statement confirming the waiver in favour of India requested by the USA....

United States Seeking Comments on Foreign Policy Based Export Controls

I wonder whether Canadian businesses should bother submitting comments.  At the same time, why not?  The worst that can happen is that the comments will be ignored.  The best case scenario is that the Bureau of...