Customs, trade sanctions, and export controls
Sills Egsgard lawyers have extensive experience in Canadian customs matters in relation to tariff classification, rules of origin and customs valuation. Our experience includes providing pre-audit reviews of company customs procedures, and giving advice to companies undergoing customs audits.
We provide advice and legal representation to companies before the Canada Border Services Agency ("CBSA"). We also, where required, provide representation on appeal to the Canadian International Trade Tribunal in challenges to CBSA determinations in all areas of customs law. In these areas, our lawyers work closely with Brian Staples of Trade Facilitation Services in Ottawa to advance our clients' objectives. We pride ourselves on our expertise in the areas of customs classification, rules of origin and valuation. Other services include review of current import duties, and representations to the Canadian Department of Finance on possible tariff changes to facilitate trade.
In the area of export controls, we advise companies on export control-permitting issues to help ensure that their exports of sensitive goods from Canada meet Canada's increasingly stringent requirements in this field.
There is a complex interface between export controls for strategic purposes, and trade sanctions imposed for political and other reasons. We can provide focussed advice to companies navigating the complex area of trade and economic sanctions. This includes those areas where Canadian law intersects that of other countries, such as the application of the Foreign Extraterritorial Measures Act.
Effective and timely advice in these areas can shield companies from costly and embarrassing government investigations into breaches of export control law.
Compliance with Canadian Federal Government regulations is often critical to success in the import field. We have extensive experience in dealing with Federal controls on a wide variety of issues.
We have also developed expertise in the new "Conflict Minerals" rule in the United States. In 2010, the US Congress passed section 1502 of the Dodd Frank Act designating the following minerals as “conflict minerals”: cassiterite, columbite-tantalite (coltan), wolframite, derivatives of these minerals including tin, tantalum and tungsten, and gold. The objective of the law is to force public disclosure of the source of conflict minerals to show that proceeds from the purchase of the minerals were not used to finance armed conflict in the Democratic Republic of Congo and neighbouring countries including Angola, Rwanda, Burundi, Central African Republic, Republic of the Congo, Uganda, Tanzania and Sudan. Mining companies are covered by the Act's provisions. Sills Egsgard LLP can help your company navigate the complex disclosure requirements set out by this new conflict mineral legislation as it is progressively implemented.