Our lawyers guide clients through the complex rules regulating the import and export of goods. Canada’s Export and Import Permits Act (EIPA), the United Nations Act (UN Act) and related regulations govern the international trade of military goods, weapons, products subject to import and/or export quotas, illegal narcotics, certain miscellaneous goods (notably goods of US origin), and goods from or destined to countries subject to economic sanctions. The Foreign Extraterritorial Measures Act also contains provisions designed to prevent compliance by Canadians with US economic sanctions involving Cuba. We obtain permits from and deal with compliance and penalty issues with the Department of International Trade (ITCAN) relating to:

		Import Control List. Goods that can be imported only with an import permit
		Export Control List. Goods that can be exported only with an export permit
		Area Control List. Countries to which goods can be exported only with a permit
		UN Act/Regulations. Goods that can be imported only from and exported only to certain countries with a permit

We also assist our clients to comply with the regulatory requirements of other government departments, such as Health Canada, Environment Canada, and Agriculture Canada, which have restrictions on the import and export of certain goods.

Our clients also rely on us to assist with their applications under, and compliance with, the following coordinated cross-border trade programs that Canada and the US introduced after September 11, 2001, to enhance security, combat terrorism and facilitate trade in goods:

		Customs Self-Assessment (CSA). The CSA provides streamlined accounting and payment processes for those importing goods into Canada. Importers whose accounting and reporting systems meet the CSA requirements can eliminate the costly need for separate transactional data transmission to fulfil customs obligations.
		Free and Secure Trade (FAST). The FAST program ensures sound risk management while facilitating fast, efficient and cost-effective clearance and movement of goods. Importers, carriers and drivers are all eligible to participate.
		Partners in Protection (PIP). This program between the Canadian government and private industry helps enhance border security and combat terrorism, organized crime and contraband smuggling. By voluntarily agreeing with the Canadian government to implement a number of security measures and undergoing screening for security risks, applicants become eligible for PIP and can obtain the benefits of FAST and CSA.
		Customs Trade Partnership Against Terrorism (“C-TPAT”). C-TPAT agreements with the US commit importers of goods into the US to establish programs securing their supply chain. Carriers, customs brokers, freight forwarders, port authorities, and terminal operators may also participate. Benefits may include reduced inspections, assigned customs account managers, expedited processing of goods and eligibility for account-based processes.

	Representative Transactions/Cases
			Defending a large financial institution against allegations that it is adhering to Helms Burton and other American legislation enforcing the Cuban trade embargo
			Advising on compliance with the ECL, ACL and the UN Act and regulations for system software exported from Canada and drafting related warnings to Canadian distributors of these products
			Advising a Canadian electronics importer and distributor on compliance with, and registration for, the "Controlled Goods Program" administered by ITCAN and Public Works and Government Services Canada (PWGSC)
			Advising various clients regarding the "double jeopardy" issues related to differing Canadian and US laws on trade with Cuba
			Advising on export controls of technology with military applications

	Publications / Presentations
	January 2008 How to Withstand CBSA’s Scrutiny of Import Origin Claims and Import/Export Controls Presented at: Customs Compliance and Border Security Best Practices in Regulatory Issues and Cross-Border Security, January 22 and 23, 2008 Jamie M. Wilks
	November 2005 Canadian Customs and Trade Law Developments McMillan Conference - Update 2005, Emerging Trends for Decision Makers Jamie M. Wilks
	September 2005 Export and Import Controls Presentation Ryan Morris, Jamie M. Wilks
	July 2004 Increased focus on goods imported from China The Lawyers Weekly Bill Hearn
	March 1998 Canada and US Cuba Law: The Risk of Getting Caught in the Crossfire AIJA Seminar on Extraterritorial Application of US Laws