Daniel Kiselbach

Associé | Toronto, Vancouver

604.643.1249

416.595.8591

Portrait de Daniel Kiselbach

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Cabotage – Domestic point to point movements for international commercial transportation of goods

When importing goods into Canada via trucks, trailers, semi-trailers, and containers, businesses may be presented with opportunities to pick up and deliver domestic goods within Canada during their trip. While these additional domestic deliveries may make sense logistically, they are...

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Canada’s response to the Taliban in Afghanistan

On April 14, 2021, the United States announced a complete withdrawal of American troops from Afghanistan by August 31, 2021, ending a twenty-year presence in the country. Prior to their departure, the Afghan government had collapsed and the Taliban had...

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Canada’s trade remedy system – Consultation

In the 2021 Budget, the Federal Government announced its intention to use public consultations on potential legislative and regulatory amendments to reinforce Canada’s trade remedy system, as well as to improve access for workers and small and medium-sized enterprises (“SMEs”)....

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Carbon border tax & the risk of trade disputes

The European Union announced a series of ambitious plans that has been dubbed as the “European Green Deal.” The goal will be to move Europe and its economy away from fossil fuels over the next nine years and to reduce...

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Changes to customs valuation laws

On June 4, 2021, the Canada Border Services Agency (CBSA) issued a consultation notice in which certain regulatory amendments to customs valuation laws that were being considered. The consultation period opened on June 4, 2021 and closed on July 4,...

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Upholstered domestic seating from Vietnam & China: Antidumping and countervailing duties

Canada on May 5, 2021 imposed provisional duties on upholstered domestic seating (“UDS”) originating or exported from China and Vietnam (“named countries”). UDS originating from China or Vietnam are under investigation by the Canada Border Services Agency (“CBSA”) and the...

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Ransomware – Privacy law, sanctions, and the pandemic

It is trite to say that no matter the sector, size, or location of an organization, cyberattacks can be devastating. As we have seen throughout 2020 and this year in Canada and elsewhere, data breaches and operational interruptions caused by...

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Notice to blueberry product exporters – U.S.

Recently, the International Trade Commission (“ITC”) began a global safeguard investigation under section 201 of the Trade Act of 1974 into whether the large amounts of blueberries being imported into the U.S. have harmed domestic blueberry farmers. The announcement of...

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Notice to exporters – Hong Kong

Canada has taken steps in response to the passage of national security legislation for Hong Kong. Exports and transfers of sensitive goods and technology to Hong Kong will now be treated in the same manner as those destined for mainland...

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The Canada Emergency Wage Subsidy: A welcome assistance for employers – a pitfall for the unprepared

Introduction Canadians have been blindsided by the COVID-19 health and economic crisis. The impact has been swift, painful, and enduring. In March 2020 alone, Canada lost a record one million jobs. In the face of this crisis, Parliament passed legislation...

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Importation of medical supplies

Introduction A surge in global demand for emergency health and safety related goods is one of the outcomes of the COVID-19 pandemic. The Government of Canada and its G20 partners are working to ensure the continued free flow of essential...

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Non-resident importers: Tips and traps – Part II

Goods and Services Tax / Harmonized Sales Tax Many imported goods are subject to import taxes such as GST which is levied on many imported goods pursuant to the Excise Tax Act at the rate of 5%.  Many non-resident importers...

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Non-resident importers: Tips and traps – Part I

Import Scenario One: Non-resident Importer with No Permanent Establishment – Prior Sales Agreement Each year the Canada Border Services Agency (“CBSA”) targets non-resident importers for verifications.  And each year, a significant number of those non-resident importers have difficulty showing that...

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Customs Verifications (Audits): Planning To Succeed[1] – Part II

The process of handling a customs verification can be an extraordinarily difficult undertaking for the uninitiated. Part I of this bulletin outlined how to prepare for a verification, what the government is looking for, the primary considerations for company counsel,...

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Customs Verifications (Audits): Planning To Succeed – Part I

Introduction The process of handling a customs verification can be an extraordinarily difficult undertaking for the uninitiated. There are several types of customs verifications in Canada.  They include:  a multi-program verification, a single-program verification, and a transaction line review.  Business-specific...

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Notice of Comprehensive Review of Tariff Rate Quota Administration

Tariff Rate Quotas (TRQs) form a key pillar of Canada’s supply management system and have a significant impact on Canada’s farm sector.  The supply management system limits the supply of certain agricultural commodities, such as dairy, eggs and poultry, to...

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New Measures to Deal With Import Surges

New safeguard measures legislation recently cleared the House of Commons and the Senate, and received Royal Assent on June 21, 2019.  The enactment, which is titled An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act...

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