President Obama and Prime Minister Harper Press Conference

On February 7, 2011, in Announcements & News, Videos, by Nigel Fortlage

Does your Trade Strategy prepare you for these upcoming changes?

(Whitehouse.gov)

President Obama and Canadian Prime Minister Stephen Harper hold a joint press conference and take questions from the media on various subjects, including trade and the current situation on Egypt. February 4, 2011.

Related: Breaking Down Borders: Canada-U.S. Trade and Security (Globe & Mail)

CBSA – Non-Bonded Carrier Code Application Process

On January 6, 2011, in Resources, Trade Compliance News, by Nigel Fortlage

CBSA – Non-Bonded Carrier Code Application Process

This piece comes courtesy of Darcy Calder, CITT of GHY International and new Canadian Operations Manager.

It will be anticipated that importers and low value carriers (who don’t have carrier codes) will be inquiring about how to obtain one as CBSA is set to expire the 77YY generic code at the end of March. Below outlines the process and required documents

The Canada Border Services Agency (CBSA) requires these documents in order to process a non-bonded carrier code application:

* Application form (bsf329-7) – Form Link bsf329-7 – Highway
* Proof of ownership documents

o Documents may include articles of incorporation, business registration documents, or any documents notarized by the company’s respective province or state.
o Sole proprietorships must submit a photocopy of government issued photo ID with company name indicated on the copy if different from proprietor’s name.

Continue reading »

CAED 2011

On December 16, 2010, in Compliance, Export, Resources, by Martin Rayner

Customs Notice 10-024: Release of Canadian Automated Export Declaration 2011

Customs Notice 10-024: Release of Canadian Automated Export Declaration 2011

(CBSA)

1. The purpose of this notice is to notify exporters that the 2011 version of the Canadian Automated Export Declaration (CAED) software has been released on December 6, 2010.

2. The 2010 version of CAED will expire on January 30, 2011 at which point, only the 2011 version will be valid. CAED participants should upgrade to CAED 2011 by downloading the software from the CAED website.

3. The 2011 version of the CAED software has been completely redesigned using the Microsoft.NET application framework. System requirements now include the Microsoft.NET framework 3.5 and the Microsoft Office Access 2007 Data Connectivity Components. When these 2 components are installed, the installation of the downloaded CAED software can proceed. Refer to the CAED website and the installation guide for more details on CAED system requirements.

Continue reading »

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Canadian Automated Export Declaration (CAED) – Overview

On December 16, 2010, in Resources, by Nigel Fortlage

if you need to file B13A documents to Canada Border Services Agency (CBSA) prior to export, free Canadian Automated Export Declaration software.

I recently came across a situation that I thought it was useful to share with all as a reminder that if you need to file B13A documents to Canada Border Services Agency (CBSA) prior to export, that Statistics Canada and CBSA did create a Canadian Automated Export Declaration software that is free to download and use.

The software features include:

  • user-friendly
  • free of charge
  • automates the preparation
  • Harmonized system commodity classification search
  • built-in encryption
  • memorizable screens
  • extensive on-line help
  • Internet transmission capabilities

The user has a choice to use CAED as a stand-alone application or in a multi-user environment (LAN).

For more information or to download the CAED application:  Canadian Automated Export Declaration (CAED) – Overview.

Canada Offers R&D Hub, Gateway to EU for Georgia Firms

On December 15, 2010, in Trade Compliance News, by Nigel Fortlage

Canada’s initiatives to foster greater cooperation between research universities and the business community, as well as a pending comprehensive trade agreement with the European Union, could open doors for Atlanta companies.

Courtesy of the GlobealAtlanta.com

 Canada Offers R&D Hub, Gateway to EU for Georgia FirmsCanada’s initiatives to foster greater cooperation between research universities and the business community, as well as a pending comprehensive trade agreement with the European Union, could open doors for Atlanta companies, Canadian Minister of Industry Tony Clement told GlobalAtlanta.

The Canadian government is investing heavily in research and development laboratories in an effort to attract talent to Canadian universities. It wants to see more collaboration between the academic community and business, especially in the areas of energy and environmental research.

Georgia universities and companies are invited to participate, Mr. Clement said during an interview at the Americas Competitiveness Forum in Atlanta, Nov. 15.

But the “big elephant in the room” is the Canada-European Union Comprehensive Economic and Trade Agreement that is expected to be ratified by the end of 2011, Mr. Clement added. Georgia companies will be able to use this “massive trade deal” as a “gateway to the EU and vice versa,” he said, noting that companies that operate in Canada will have opportunities for free trade with more than 500 million European consumers.

“This trade deal is not at the top of mind with many media, nor is it part of our political discourse yet, but it’s going to be huge,” he said.

For the complete article: click here

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E Manifest Update from TDS Law

On December 14, 2010, in e-manifest, Legal, Trade Compliance News, by Nigel Fortlage

Our advice to importers and carriers is to be proactive in understanding how eManifest impacts their supply chains, and to work at fully implementing the program well before the mandatory period begins, when penalties will be applicable, and unnecessary stresses imposed, that will ultimately have negative commercial consequences.

tds thompson dorfman sweatman E Manifest Update from TDS LawOur friends at Thompson Dorfman Sweatman LLP, or TDS law have spent some time looking into the new regulations in Canada surrounding the implementation of e-manifest. During the research of this piece Reynold Martens, Executive VP of GHY International and author of the white paper titled “A Case for An Integrated Trade Compliance Strategy”, was consulted for his insight on this matter.

This and other hot topics are presented in their most recent newsletter.  You can read their newsletter here.

About Thompson Dorfman Sweatman LLP

Thompson Dorfman Sweatman LLP (TDS) is one of the leading full-service business law firms in Manitoba, with over 120 years of history providing legal services to its clients locally, nationally and internationally. From our offices in Winnipeg, Manitoba, TDS has the expertise necessary to help clients take advantage of every opportunity and to develop creative solutions to legal challenges experienced in their business in a timely and cost-effective way. The full-service firm’s seventy-eight lawyer team covers over 20 areas of practice and offers services in seven languages including English, French and Spanish. TDS has long been recognized as a centre of excellence in the areas of business lawlabour relations law, employment law, civil litigationand dispute resolution. LEXPERT® The Business Magazine for Lawyers recognized TDS as the leading corporate law firm in Manitoba, being the only Manitoba corporate law firm at the centre of its “Bulls-Eye” ranking of Manitoba corporate law firms. A number of our lawyers have been recognized by LEXPERT® and THE BEST LAWYERS IN CANADA® and other legal publications as being among the leading Canadian lawyers in their areas of practice.

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Case in Point – 4 is Not a Magic Number when Reason to Believe (RTB)

On December 10, 2010, in Case Studies, by Nigel Fortlage

Multiple service providers complicate the channels of communication when an importer has reason to believe from CBSA.

The Case Defined:

cndn customs chick gr 195x300 Case in Point – 4 is Not a Magic Number when Reason to Believe (RTB)A large Canadian electronics speciality firm geographically divided its imports across multiple professional service providers. When Canada Border Services Agency (CBSA) did an audit they found an issue and communicated that to the importer. Upon receipt of that information, from a  CBSA perspective, the importer had ‘reason to believe’ that the information they had reported was in error, and therefore a compliance issue.  The importer did notify the one professional services provider to address the issue that CBSA had found on a transaction that provider had processed for them, no other communication to other parties was done, thereby leaving a compliance hole open for the importer.

Communication is Key:

The key issue is lack of communication with the 4 providers in their trade program, the communication channels of an integrated trade compliance strategy would have helped them be transparent to all providers.  It also raises the issue of why they diversified so much and created a more complex trade program then necessary?

Responsibility Matrix Key Tool for Accountability

A secondary issue is that of process. How did each provider arrive at the determination of tariff?  The answer again goes back to the up front strategy. We would recommend a responsibility matrix or standard operating procedures is necessary to define up front how the relationship will work and who is responsible for what, clarity of risk.

Both of these issues are addressed in an Integrated Trade Compliance Strategy.  Do you need one?

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Canadian Chamber of Commerce Release 4 Step Plan for Trade

On December 8, 2010, in Strategy, by Nigel Fortlage

It is clear that strategies of all kind appear to be critical for 2011 as the need for Integrated Trade Communities and expanding trade geographies increase, while in parallel the Agencies responsible to handle the administration of International Trade on behalf of our governments are using increased trade compliance to ensure the health, safety, and security of their citizens.

The Canadian Chamber of Commerce recently released a new white paper, Strengthening Our Ties: Four Steps Toward a More Successful Canada-U.S. Partnership.

The premise for this piece is summarized in this excerpt:

Canada and the U.S. have a long, vibrant history of cooperation and success, but it is clear that bilateral relations have drifted. At a time when the global economy is undergoing significant shifts, it is imperative that both countries recognize the advantages of the integrated North American market. Canada needs to develop a dedicated strategy for engagement in the U.S. that focuses on highlighting the gains from the bilateral arrangement and promoting free trade.

It is clear that strategies of all kind appear to be critical for 2011 as the need for  Integrated Trade Communities and expanding trade geographies increase, while in parallel the Agencies responsible to handle the administration of International Trade on behalf of our governments are using increased trade compliance to ensure the health, safety, and security of their citizens.

What do you think? Are these issues real for you and your organization?

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Designer Remission Order Extended

On November 29, 2010, in Resources, Trade Compliance News, by Nigel Fortlage

Designer Remission Order Extended

The Department of Finance has announced that on the recommendation of the Honourable James M. Flaherty, Minister of Finance, the Governor in Council approved Order in Council P.C. 2010-1414, which extends the Designer Remission Order, 2001 until December 31, 2014. The Order will be published in Part II of the Canada Gazette on December 8, 2010.

If you have any questions or comments, please feel free to contact us.

Amesika Baëta
Committee Director
I.E.Canada, Canadian Association of Importers and Exporters Inc.
160 Eglinton Avenue East, Suite 300
Toronto, Ontario M4P 3B5 416-595-5333 ext. 41
1-866-616-2243
Fax: 416-595-8226
abaeta@iecanada.com
http://www.iecanada.com

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$3 Billion of Duty Drawback Not Claimed

On November 26, 2010, in Compliance, duty drawback, Strategy, by Nigel Fortlage

United States Customs and Border Protection estimates that 3 billion dollars per year of US import duties are eligible for drawback, of which 80% are not recovered.

Reprinted with permission
Bob Cowie, Vice President Consulting, GHY International

Do you use imported merchandise to produce or manufacture products for export ?

Are you paying import duties on finished goods which are eventually exported ?

6467674 s $3 Billion of Duty Drawback Not ClaimedIf the answer is “yes”, Duty Drawback is an opportunity to increase profitability and reduce costs. You may be entitled to duty recoveries and not even know it !

United States Customs and Border Protection estimates that 3 billion dollars per year of US import duties are eligible for drawback, of which 80% are not recovered.

Although there are no published statistics available from Canada Border Services Agency, it is our belief that the unrecovered amounts are also significant.

Up to 99% of all US Customs duties can be refunded on imported merchandise subsequently exported, or in some cases used to manufacture a new article for export. Duties paid up to 6 years ago may be refunded against exports over the past 3 years.

Up to 100% of all Canadian Customs duties can be refunded on imported merchandise subsequently exported, or in some cases used to manufacture a new article for export. A claim for drawback must be filed within 4 years of the date the goods were released from Customs.

The growth of off-shore and near-shore sourcing has made it increasingly important for Canadian and United States firms to adopt strategies that factor into account opportunities to reduce or eliminate cost inputs through programs like Duty Drawback.

You should talk to your professional trade services provider about filing for retroactive duty drawback claims in both Canada and USA, or to establish a new drawback program, so you can take advantage of costs savings on a regular basis.

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Case in Point, Mis Classification of Sub Assemblies

On November 19, 2010, in Case Studies, by Nigel Fortlage

A multi-national vehicle manufacturer, serving markets in Europe and North America, failed to accurately classify a major component

3640490 s 300x300 Case in Point, Mis Classification of Sub AssembliesA multi-national vehicle manufacturer, serving markets in Europe and North America, failed to accurately classify a major component imported by one of the their Canadian divisions, resulting in overpayment of duties by $250,000 annually. It is estimated that the impact of this omission after production burden costs and overheads were applied, was double that amount at the point of sale, resulting in margin erosion.

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Uncertain economic times require better supply chain practices

On November 18, 2010, in Trade Compliance News, by Nigel Fortlage

Opportunities to use supply chain management to bolster overall company efficiencies are being missed in Canada because the discipline remains silo based and tactical as opposed to company wide and strategic

4741728 s 300x248 Uncertain economic times require better supply chain practicesSince I am constantly looking for articles that talk about International Trade Compliance Strategies, I was pleased when I opened the October 2010 issue of Canadian Transportation and Logistics magazine. I read with delight the story by Lou Smyrlis in which he reports on events from the 24th Annual Transportation Innovation and Cost Savings Conference.  Of interest to me was his opening report of a session lead by Mike Croza, managing partner, Supply Chain Alliance Partners, who said:

Opportunities to use supply chain management to bolster overall company efficiencies are being missed in Canada because the discipline remains silo based and tactical as opposed to company wide and strategic

How true that is, when compliance intersections are encountered because of actions that occurred between sourcing to selling, it is critical to consider an integrated trade compliance strategy in order to minimize risk and increase visibility to all stakeholders in an organization.

Lou Smyrlis goes on to share some thoughts of why this may be according to Mike Croza;

“In 2010 we still have a long way to go for supply chain management in Canada. I’m not sure why it hasn’t stuck,” Croza told
the well-attended annual gathering, held at the CNE grounds in September.

Croza believes the continuing lack of focus on improved supply chain practices is symptomatic of a corporate culture that has “rested on the laurels of having a low dollar for too long” and not yet made the adjustments necessary to be competitive in the new reality of a Canadian dollar that is at par with the US greenback. Croza criticized corporate Canada for not making the necessary investments in capital equipment, information technology and management practices to remain competitive.

You can read the full article here.

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Who’s who, introductions are in order

On November 17, 2010, in Resources, by Nigel Fortlage

we cant create a dialogue if we don’t know each other, in this post we introduce the key players behind tradecompliance.ghy.com

We can’t establish a relationship if we don’t know each other:

Nigel 300x225 Who’s who, introductions are in orderI am Nigel Fortlage, Vice President Information Technology at GHY International. I have been in this industry since 1988 and before that I worked for an importer/distributor/Manufacture as their in-house customs specialist. For the last 16 months I have had a second hat I have been wearing in partnership with our Executive VP, Reynold Martens working on understanding the social media space and how we can connect with you in a two-way conversation.  We will be specifically sharing details around the concept we have been introducing you to, an Integrated Trade Compliance Strategy. We believe by providing you good information, education and awareness that we hope to engage in a conversation that results in helping you solve problems, creating that Ah Ha moment for you, or addressing moments of truth in your international trade operations that adds value

Martin Rayner is an independent consultant with more than 27 years of diverse experience working in various operational facets of the customs brokerage and international trade logistics field. Martin has also held executive-level positions in the industry with a number of the leading trade service providers across Canada and during his career has acted in both professional advisory and advocacy capacities for companies seeking to leverage opportunities in the regulatory environment to their benefit.

Reynold4 Who’s who, introductions are in order

Reynold Martens is Executive Vice President and Corporate Secretary of GHY International, and he is the President and co-founder of the firm’s subsidiary, GHY USA, Inc. He is the Author of the white paper titled, a Case for an Integrated Trade Compliance Strategy. Reynold is also actively involved outside of GHY, he is active in various industry and community leadership roles, including directorships with the Canadian Manufactures and Exporters Association, current chair for IE Canada Manitoba Chapter and member of the National Board

rick riess Who’s who, introductions are in orderRick Riess, President & CEO, GHY International. We can not talk about our current president and 4th Generation owner of the firm without, acknowledging the background from which he comes,

GHY–over a century old and still “Young.”

Yes it’s true. Geo. H. Young & Co. Ltd. turns 110 in 2011, making the company one of the oldest and most established privately held enterprises in Canada that continues to grow and evolve as both a pioneer and innovator in the Customs brokerage industry.

In the late 1800’s, Canada was a work in progress, with only seven provinces (Alberta and Saskatchewan joined in 1905). The young nation was struggling to protect its development by means of high tariffs on goods that were manufactured—or could be—in Canada. Duty rates of 20 – 40 percent accounted for most of the government’s revenue of about $50 million, as income taxes weren’t initiated until 1917.

At the time, George Henry Young was the Chief Inspector of Customs Ports stationed in Winnipeg. In 1901, recognizing the opportunity when he saw it, he opened one of the first brokerage houses in Western Canada. This pre-dated the automobile era, and the majority of goods moved by rail. However, the winds of change were blowing, and in 1903, Wilbur and Orville Wright took their first flight, and by 1929 the first international commercial flight into Winnipeg arrived from Minneapolis. That was likely Northwest Airlines, one of the company’s longest standing international relationships. George led the company for its first 43 years until 1944, when the reins were turned over to his son George Donald Young, known as Don.

In 1950, under Don Young’s leadership, Geo. H. Young & Co. Ltd. formally incorporated, and so began an exciting era of growth in revenue and clients. News of those years is well documented in the formal corporate minute books, which include colourful details about the business of the day, the people and events, as well as the challenges and opportunities. There is reference to some of our long-term clients who have become pillars of the Manitoba business community, and indeed some of these relationships span more than eight decades and have contributed significantly to our success.

In 1968, GHY’s leadership transitioned to Charles Riess, son-in-law to Don Young. As the Prairie economy continued to expand and with it cross-border trade, so did the company, which opened an office at Emerson, Manitoba to accommodate the growing volume of truck traffic originating in the US bound for the Prairies. Charles’ son, Richard Riess, became President in 1992, and so began an unprecedented period of growth and expansion in products, services, locations, and strategic partnerships.

Today, GHY International as it is known, is recognized as a leader in the industry for its strategic focus on trade facilitation and regulatory risk management, use of innovative technologies, solid core values, and principled approach to working with clients, associates, Customs regimes of Canada and the US, supply chain partners in all modes of transportation, and yes, even competitors.

The scope of the enterprise has expanded to include locations in British Columbia (1994), Ontario (2005), a strategic partnership in Alberta (2005), a nationally licensed US subsidiary based in North Dakota (1995), and numerous strategic partnerships. It has grown to include over 100 employees serving a client base from a broad cross-section of industries, including many top 500 companies in Canada and the US.

Canada Border Services Agency (CBSA) ranks GHY Canada 13th out of 504 reporting entities; United States Customs Border Patrol (CBP) ranks GHY USA 39th out of 2523 reporting entities; GHY Canada is the largest prairie-based member of the Canadian Society of Customs Brokers (CSCB), which includes the vast majority of Brokers in Canada.

GHY has survived the calamities of two world wars, the Great Depression, dozens of economic cycles, fast-paced growth in trade and the regulatory environment, and a technology revolution, and through all those waves of change, has been an innovator, while staying true to its core values, and maintaining a relentless pursuit of creating value for our clients.

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CBSA Announce New International Trade Compliance Focus for 2011

On November 10, 2010, in Compliance, Strategy, Trade Compliance News, by Nigel Fortlage

Canada Border Services Agency, commonly referred to as CBSA, has released their 2011 International Trade Compliance targets. Free Download Avilable

cndn customs chick gr 195x300 CBSA Announce New International Trade Compliance Focus for 2011International Trade Compliance Targets for 2011

Canada Border Services Agency, commonly referred to as CBSA, has released their 2011 International Trade Compliance targets. They regularly do this to ensure the trade community knows where there focus is. As an importer or exporter it tells you that if you deal with these products you are at higher risk of being included in one of the various international trade compliance audit programs that CBSA has. If you are included in these groups, then your need to ensure your trade compliance strategy is solid and encompassing all aspects we presented so far is critical.

There are 2 specific trade compliance programs that CBSA conduct, Random and those deemed a National Priority.

Random Compliance Verifications

The key to note is that Random is usually related to hot spots that pop up during the year, either you or your trade service provider should be plugged into information sources that broadcast that kind of information. There are many ways to get that sort of information, a few of them are;

Canadian Society of Customs Brokers (CSCB)
National Customs Brokers and Forwarders Association of America (NCBFAA)
Canadian Manufactures and Exporters (CME)
Importers and Exporters Canada (IEC)

The government states that random trade compliance verifications;

“Random verifications are designed to measure compliance rates and revenue seepage and the results may be used for many purposes”

Some of those purposes include,
• Risk assessment,
• Establishing client service activities,
• Revenue assessment, and
• Promoting voluntary compliance.

National Priorities

The biggest shift in the past 12 months is that the Canadian government has gone from almost a sole focus on security to one that is now focused on the Health, Safety, and Security of Canadians. This change in focus is of course driven by events in the news that suggest the Government isn’t protecting it’s citizens. A few examples include the news surrounding children’s toys from China made with paints that contained products deemed toxic in Canada, or the baby bottles made using plastic containing Bisphenol A (BPA).

While the Canadian government shares this list of National Priorities that focus on areas’ of Tariff Classification, Valuation, or Origin the fact remains that while examining one aspect related to products in their target zone, it is very easy to expand that to the others and in doing so catch multiple issues relating to trade compliance. That of course is a worst case scenario, but one we have seen before.  The aspect to keep in mind is that the government does not constrain itself to this list as it states;

“National priorities (NPs) are determined through a risk-based, evergreen process; i.e., new NPs may be added throughout the fiscal year. NP verifications may also be carried over from previous years.”

According to Alan Dewar, Vice President, Canadian Operations of GHY International, “The most difficult part of this process for traders is that a single line item on the government’s list, may relate to ten’s of thousands of products, when in fact the government may be focused on a very specific item in those thousands of items”, he goes on to share, “as an example look at chapter 39, miscellaneous articles of plastic, what articles are they interested in, they government will never tell you.”  This becomes a challenge when considering your trade compliance strategy as the specific focus in unknown, so the question must be asked how forensically do you need to go with your trade compliance efforts in order to ensure that you don’t leave a large compliance gap open.  According to Alan, he suggests you consider looking at your products from a top down approach based upon import dollars spent. The largest risk financial is usually in correlation to the volume of dollars spent on that product.

Click below for the full report:

CBSA National_Priorities_Nov_9_2010 – updated visual

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Canada’s 1st Free Trade Zone (FTZ)

On November 10, 2010, in Resources, by Nigel Fortlage

CentrePort Canada is North America’s new 20,000-acre inland port that has been designated Canada’s first Foreign Trade Zone (FTZ). Located in Manitoba next to Winnipeg’s James Armstrong Richardson International Airport, CentrePort Canada offers greenfield investment opportunities for a wide variety of business operations including distribution, warehousing and manufacturing.

6 full Canada’s 1st Free Trade Zone (FTZ) CentrePort Canada – Better Faster Cheaper

CentrePort Canada is North America’s new 20,000-acre inland port that has been designated Canada’s first Foreign Trade Zone (FTZ). Located in Manitoba next to Winnipeg’s James Armstrong Richardson International Airport, CentrePort Canada offers greenfield investment opportunities for a wide variety of business operations including distribution, warehousing and manufacturing.

CentrePort Canada is strategically located in the central time zone in the heart of North America. It boasts a modern, well-established network of highways, railways, air and sea connections to important regional and international markets, including eastern and western Canada, the United States, Mexico and Latin America, as well as Europe and Asia.

As an FTZ, CentrePort Canada has significant tax and cost savings to offer foreign investors and businesses looking for new ways to bring their products to the North American marketplace. FTZ benefits include deferral of customs duties and a GST exemption on products imported to Canada for warehousing or processing before re-export out of country.

CentrePort Canada features an impressive collection of transportation assets that are unmatched anywhere in the region and provide businesses with real advantages such as:

    • Flying through Winnipeg is cheaper than flying into U.S. destinations; airlines landing in Winnipeg can cycle their aircraft faster and more time in the air increases revenue; and international cargo flights are exempt from provincial fuel tax.
    • Winnipeg is home to one of Canada’s top cargo airports, has more than 1,000 for-hire trucking companies, is at the junction of three major continental railways (CN, CP and BNSF), and is closer to European and Asian markets via the polar routes.
    • Winnipeg offers great road, rail and air connections to North America – in fact, many major U.S. and Canadian cities are less than 24 hours away by truck.
  • Winnipeg also boasts extremely competitive business costs including affordable office space and land, low construction costs and hydro-electric energy rates that are among the lowest in North America.  Winnipeg’s taxes are also lower than those of most major cities in Canada and the U.S.  In fact, Winnipeg has a lower effective Corporate Income Tax Rate and a lower Total Effective Tax Rate than 58 of 59 major U.S. cities, according to a recent KPMG study.

    All of these advantages mean that it is more efficient and cost-effective for international businesses to ship North American-bound goods through Winnipeg.

    To find out how CentrePort Canada can work for you, email us at busdev@centreportcanada.ca or telephone 1-204-784-1300.

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IE Canada – Understanding Incoterms® 2010 & NAFTA Audit Workshops

On November 4, 2010, in Events, by Nigel Fortlage

As a member of IE Canada we are pleased to share with you the following event that is coming to western Canada later this month, please read on for an outline of the event and registration information. Speakers for this event include Joy Nott, President of IE Canada, and Susan McDonald of Perseus Trade Solutions Inc.

Understanding Incoterms® 2010 & NAFTA Audit Workshops

6253438 s IE Canada   Understanding Incoterms® 2010 & NAFTA Audit Workshops

IE Canada Incoterms 2010 & NAFTA Audit workshop Western Canada Series Brochure

As a member of IE Canada we are pleased to share with you the following event that is coming to western Canada later this month, please read on for an outline of the event and registration information. Speakers for this event include Joy Nott, President of IE Canada, and Susan McDonald of Perseus Trade Solutions Inc.

To raise your awareness before this event, Click here to watch a short video on these new Incoterms.

Sessions scheduled for the following dates and cities:

• November 15, 2010 – Winnipeg

• November 16 – Calgary

• November 18 – Vancouver

AM Session:

Effective January 1, 2011, Incoterms® 2000 will be replaced by Incoterms® 2010.

Incoterms® serve to allocate costs and responsibilities between buyer and seller and their use is expected to increase in drafting both international as well as wholly domestic contracts for the sale of goods. Incoterms® are considered by customs and tax authorities in conducting customs and tax audits and therefore a clear understanding of Incoterms and the implications of their use is critical by in-house counsel, CFOs, buyers, as well as those involved in customs, transportation and logistics functions. The changes from Incoterms® 2000 are intended to clarify the terms and the obligations they impose on the vendor and purchaser in each case and to expand the use of the terms for use in domestic transactions not involving any import/export of goods. Certain terms have been eliminated and new terms added. There are better distinctions between the terms, and cargo security obligations have been incorporated into the terms, among other changes. This workshop will: review the Incoterms® rules; review the changes; discuss best practices in using Incoterms® on contract negotiation and drafting; identify potential pitfalls; and discuss the interpretation of Incoterms® in Canadian law

PM Session:

Most importers and exporters are eager to take advantage of the duty relief granted under the North American Free Trade Agreement (NAFTA), but remain unaware of the risks and liabilities associated with claiming the NAFTA tariff treatment. Many still do not know that more than 50% of NAFTA Certificates of Origin either contain errors which render them invalid or are not supported with the necessary documentary evidence. With NAFTA origin audit activity on the rise, more importers are being shocked by assessments of financial penalties and/or retroactive duty and GST, while some Canadian manufacturers and exporters are losing their competitive advantage in the North American market. In this down to earth, easy to understand session, we’ll cover the following:

  • What importers and exporters should expect during a NAFTA audit conducted by either the Canada or U.S. Customs Agencies.
  • Learn from the mistakes of others – Common errors made on Certificates / Statements of Origin, and during NAFTA audits.
  • Sharing NAFTA strategies used by manufacturers, exporters and importers.
  • Do you really know how your Customs Broker is handling this issue? Are you at greater risk than you thought?

Registration Options:

Sessions scheduled for the following dates and cities:

• November 15, 2010 – Winnipeg

Directions and Location

Online Registration

• November 16 – Calgary

Directions and Location

Online Registration

• November 18 – Vancouver

Directions and Location

Online Registration

Online: www.iecanada.com
By Phone: 416-595-5333 x 37 or 1-866-616-2243 x 37
By Fax: 416-595-8226 (attention: Jesse Arsenault)
By Mail: 160 Eglinton Ave. E, Suite 300, Toronto, ON, M4P 3B5 (attention: Jesse Arsenault)

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Managing the Relationship Between Canadian and US Export Controls and Economic Sanctions

On November 2, 2010, in Resources, Strategy, by Nigel Fortlage

John presented at at the 79th Annual Canadian Association of Exporters and Importers (CAIE) conference on the topic mentioned above. It was a 3hr session he co presented with John Priecko, President and Managing Partner of Trade Compliance Solutions.

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jboscari Managing the Relationship Between Canadian and US Export Controls and Economic SanctionsWhat’s in a  Tweet?

I received a tweet from John who tweets under the name @Tradelawyer that said, “Managing the Relationship Between Canadian and US Export Controls and Economic Sanctions http://ow.ly/31qpI Presentation to CAIE 79th Annual”

John presented at at the 79th Annual Canadian Association of Exporters and Importers (CAIE) conference on the topic mentioned above. It was a 3hr session he co presented with John Priecko, President and Managing Partner of Trade Compliance Solutions.

I recommend you follow John on twitter here.

The session was listed as a Canada and US Export Controls Workshop in the CAIE conference brochure:

The experts all agree, exports will help every nation rise out of the current economic slowdown. The Canadian government is encouraging Canadian companies to export and seek new markets abroad for their goods and services. The Obama administration has set a goal of doubling US exports over the next five years. One of the ways President Obama proposes to achieve this goal is to reform US export controls to reduce the regulatory burden in a manner consistent with national security. Exports and compliance with export regulations have never been in greater focus than they are right now. Many Canadian compliance mangers believe that the products they export are not covered by export controls, which can be true if you are only looking at Canadian regulations. What if the product you are exporting is of US origin, or contains components that are of US origin? You need to become familiar with the US re-export regulations or potentially find yourself facing an unexpected compliance issue with very serious consequences. This session will deal with issues such as:

  • Today’s export control regimes and how they may affect your commercial activities
  • The basics needed to assess the state of your export control compliance
  • Effective solutions to bring a company into compliance
  • The Canadian Export Controls Handbook 2009
  • When US re-export rules apply to you
  • What the US Export Administration Regulations (EAR) are
  • The definition of “ECCN” and why you need to know what it means in relation to all US made goods you have in your inventory

While I was unable to attend the event, it was interesting to note that John attributes part of the reasons driving this to; “Canadian companies are now more concerned than ever before about whom they deal with, where their products and technology end up, and who uses their services.” In other words they understand that Trade Compliance is important. John does an excellent job in his slide deck outlining all the many export trade issues that a exporter must be concerned with in North America.

So Who is John W. Boscariol

John Boscariol is one of Canada’s leading trade attorneys and is ranked among the top 25 international trade lawyers in the world by Expert Guides to the World’s Leading Lawyers – Best of the Best and is recognized as a leader in the field of international trade law in numerous other legal directories, including Chambers Global (WTO/International Trade – Tier One) and others. He will walk you through the maze of Canadian export controls to help you better understand where your company stands. You can more information on John here.

Information Presented here with permission of John Boscariol.
pixel Managing the Relationship Between Canadian and US Export Controls and Economic Sanctions
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