Contributing Lawyers

Canada

Cyndee Todgham Cherniak
Michael Flavell
Geoff Kubrick

United States

Susan Kohn Ross

India

China

Thailand

Apisith John Southam

Korea

Tobacco Companies Plead Guilty in Cross-Border Smuggling Case for $1.15 Billion

On July 31, 2008, two tobacco companies, (1) Rothmans Benson and Hedges ("Rothmans") and (2) Imperial Tobacco Canada Ltd. ("Imperial") ended cases going back 8 years relating to the cross-border smuggling of tobacco products. A...

CBSA Announces Arrangement with USA on Supply Chain Security Programs

On June 28, 2008, the CBSA signed an arrangement with U.S. Customs and Border Protection regarding the mutual recognition of Canada's Partners in Protection program and the U.S. C-TPAT program.  Partners in Protection (PIP)...

British Columbia's July 1, 2008 Carbon Tax and the WTO

On July 1, 2008, the carbon tax that is being imposed by the government of the province of British Columbia comes into effect.  The new provincial carbon tax adds almost 2.5 cents to a litre of fuel.  The carbon tax...

CBSA Revises It's Administrative Position on Commissions and Brokerage Fees

On June 13, 2008, the Canada Border Services Agency (CBSA) issued a new and improved version of D-Memorandum D13-4-12 "Commissions and Brokerage"  The CBSA has indicated that the memorandum provides information on the...

Certain Canadian Carriers May Require Exporter Provide Proof of Export Reporting

Canada is increasing its focus on compliance with export declaration requirements. As a general rule, exporters are required to report to the Canada Border Services Agency (CBSA) their exports of goods.  If the goods are...

Chief Justice Judge Bowman on "Weasel Words"

On June 2, 2008, I attended a tribute dinner for the Chief Justice of the Tax Court of Canada, Judge Bowman.  He is a very talented judge and is retiring from Canada's specialized Tax Court.  No doubt, he will be called...

Canada Revenue Agency Seeks Comments on How to Reduce Business' GST Paper Burden

 

The Department of Finance and the Canada Revenue Agency (CRA) have requested input from business on the sources of unnecessary paper or compliance work in the goods and service tax and excise tax systems, as well as any...

Canada Changes View - Disassembly Can Confer Origin for NAFTA Purposes

On March 20, 2008, the Canada Border Services Agency (CBSA) issued Customs Notice CN-08-014 "NAFTA Rules of Origin - Disassembly as a Mode of Production That may Confer Origin".  In Customs Notice CN-08-014, Canada updates...

Canada's Bill C-43 Incorporates Hidden Advance Data Element Requirements

On February 15, 2008, Bill C-43 "An Act to amend the Customs Act" was tabled for first reading in Canada's House of Commons.  In the middle of Bill C-43 is the following innocuous provision:

"6. The Act is amended by adding...

British Columbia Includes A Carbon Tax in February 19, 2008 Budget

On February 19, 2008, the Province of British Columbia announced in its the 2008 Budget that it proposes to introduce an escalating Carbon Tax over the next five years.  The news release about the Carbon Tax includes the...

Canada's Experience With Its Purchaser In Canada Rules May Be Instructive for U.S. Customs Practitioners

The Canadian "Purchaser in Canada" rules have been around and causing difficulties for the Canadian importing community for about 10 years.  The Canada Border Services Agency's administrative policy has been and continues to...

The Government of Canada Complies with the SLA and Pays $467 Million in Softwood Lumber Export Charges to Six Provinces

On January 11, 2008, the Minister of National Revenue, Gordon O'Connor, announced that the Government of Canada would distributing $467,530,022 to the six provinces whose products are subject to the export charges under the...

Draft GST/HST Drop Shipment Administrative Statement Available for Comments

January 31, 2008 is the due date for comments on the GST/HST Notice 225 "Draft Revised GST/HST Memorandum 3.3.1, Drop Shipments (September 2007).  This administrative interpretation is very important because it will form the...

GST/HST Rate Reduction to 5% on Midnight January 1, 2008

Effective midnight on January 1, 2008 (as the crystal ball finishes its drop in Times Square), the rate of Canada's federal goods and services tax (GST) will reduce from 6% to 5%.  In anticipation of the reduction and to...

Canada Reduces NEXUS and FAST Fees

On November 29, 2007, the Canada Border Services Agency issued Customs Notice CN-07-034 "Reduction of the Fee for the NEXUS and Free and Secure trade (FAST) Commercial Driver Program Under the Presentation of Persons (2003)...

Use of Business Numbers by Non-commercial Importers and One-Time Commercial Importers

On December 7, 2007, the Canada Border Services Agency (CBSA) issued Customs Notice CN-07-036 "Use of Business Numbers by Non-commercial Importers and One-time Commercial Importers" to remind the importing community that...