Canada Update 2016 MILLAR KREKLEWETZ LLP. API International Trade and Customs Conference 2015 ROBERT G. KREKLEWETZ. March 29, 2016: New Orleans, LA

Transcription

1 Canada Update 2016 API International Trade and Customs Conference 2015 March 29, 2016: New Orleans, LA ROBERT G. KREKLEWETZ Tel: (416)

2 Roadmap Subject Area 1. Canadian Political Landscape 2. The Canadian Corrections Process for Import Errors 3. The Canadian Voluntary Disclosure Process 4. The TPP A Canadian Perspective 5. Rail Regulation Update 6. Random Thoughts on Y All Moving Up to Canada

3 Roadmap Subject Area 1. Canadian Political Landscape 2. The Canadian Corrections Process for Import Errors 3. The Canadian Voluntary Disclosure Process 4. The TPP A Canadian Perspective 5. Rail Regulation Update 6. Random Thoughts on Y All Moving Up to Canada

4 Western Canadian Sedimentary Basin

5 Roadmap # 1 Canadian Political Landscape 1. Nov Conservatives (Harper) defeated Liberals (Trudeau) 2. Shift in the Canadian Political Spectrum to the Far Left 3. Thesis: Pro-Energy Focus of prior Government now in the past?

6 Former Prime Minister Stephen Harper F$&*-&$$ Putin!

7 Current Prime Minister Selfie

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9 Career Highlights of Prime Minister Selfie Son of former Prime Minister Snowboard Instructor Bouncer at Bar Drama Teacher Member of Parliament Prime Minister (!)

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11 Roadmap # 1 Canadian Political Landscape 1. Nov Conservatives (Harper) defeated Liberals (Trudeau) 2. Shift in the Canadian Political Spectrum to the Far Left 3. Thesis: Pro-Energy Focus of prior Government now in the past?

12 Bernie Sanders Former Canadian Prime Minister Stephen Harper Alberta Premier Rachel Notley Canadian PM Justin Trudeau

13 Roadmap # 1 Canadian Political Landscape 1. Nov Conservatives (Harper) defeated Liberals (Trudeau) 2. Shift in the Canadian Political Spectrum to the Far Left 3. Thesis: Pro-Energy Focus of prior Government now in the past?

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15 Montreal Mayor Denis Coderre Prime Minister Justin Trudeau

16 Montreal Mayor Denis Coderre Prime Minister Justin Trudeau

17 Montreal Mayor Denis Coderre Prime Minister Justin Trudeau

18 Jan 21, 2016: Montreal Metro Area Mayors all officially oppose Energy East Pipeline

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20 BC Premier Christy Clark Prime Minister Justin Trudeau

21 BC Liberal Premier, Christy Clark opposed to Northern Gateway Pipelines:

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23 April 14, 2015: Could Tar Sands Industry Start Shipping Oil Through Arctic

24 Jan 27, 2016: Trudeau Government s Develops new Environmental Regulations for Pipeline Projects:

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26 Roadmap # 1 Canadian Political Landscape Take-Aways 1. It s not the Great Red North 2. New Liberal Prime Minister not a friend to the Fossil Fuel Industry

27 Roadmap Subject Area 1. Canadian Political Landscape 2. The Canadian Corrections Process for Import Errors 3. The Canadian Voluntary Disclosure Process 4. The TPP A Canadian Perspective 5. Rail Regulation Update 6. Random Thoughts on Y All Moving Up to Canada

28 Roadmap # 2 Corrections Process of Import Errors Overview 1. Applicable to Importers to Canada, including Non-Resident Importers (lots of those in Petroleum Industry). 2. Mandatory Correction Obligation for all errors involving tariff class, origin and valuation: s of the Customs Act 3. A difficult maze especially for US Clients

29 Roadmap # 2 Corrections Process of Import Errors Example 1: Whoops, we found an error! 1. Positive obligation to correct error and pay back 4 years 2. Corrections & Payment due within 90 days or AMPS 3. Applies even where goods are DUTY FREE 4. Large Volumes require special process, eating up 45+ days 6. CBSA has differing practices nationally 7. Crazy Reason to Believe policy often requires Voluntary Disclosure

30 Roadmap # 2 Corrections Process of Import Errors Example 2: CBSA Has Assessed Us! 1. Importer audits, and issues Final Verification Report (FVR) 2. CBSA issued DAS s for the Audit Sample 3. Payment due in 30 days, and required BEFORE appeal rights 4. CBSA also requires go-backward Mandatory Corrections by Importer 5. Same issues as in Prior Slide (90 day running target)

31 Roadmap # 2 Corrections Process of Import Errors Take-Aways 1. Time will be the biggest obstacle. Get moving immediately. 2. Get the lawyers involved immediately.

32 Roadmap Subject Area 1. Canadian Political Landscape 2. The Canadian Corrections Process for Import Errors 3. The Canadian Voluntary Disclosure Process 4. The TPP A Canadian Perspective 5. Rail Regulation Update 6. Random Thoughts on Y All Moving Up to Canada

33 Roadmap # 3 Canadian Voluntary Disclosures Overview 1. Canadian Voluntary Disclosure Process (VDP) like US Prior Disclosure process, but different 2. Main difference is that cannot start a VDP once CBSA has initiated a review or audit, or given you notice of same 3. CBSA wants a VDP to be voluntary 4. VDP remains important program to disclose prior non-compliance

34 Roadmap # 3 Canadian Voluntary Disclosures New CBSA VDP Policy 1. October 29, 2014 D New Policy outlining following changes: Clarification of application to non-compliance Exports Possible penalty, specified interest or CBSA action will allow VDP Limits disclosure period to six years No-Names Disclosure process clarified, with 90 window for Completion Have removed amnesty from Criminal Prosecution Requirement for VDP Agreement removed for Info Requirements

35 Roadmap # 3 Canadian Voluntary Disclosures Example 1: Whoops, we found an error! 1. Error of type that CBSA says ought to have been caught at time of importation, and corrected for per s of Customs Act 2. CBSA s view that Mandatory Corrections ought to have been made within 90 days of importation. 3. Therefore statutory deadline missed. 4. Advisable to make VDP in this instance.

36 Roadmap # 3 Canadian Voluntary Disclosures Example 2: No Mandatory Correction require, but 1. VDP also helpful for other non-compliance areas (e.g., Exports and Export controls; Food Import issues) 2. May often involve contemporaneous disclosures to Other Governmental Departments (OGD). 3. New VDP Policy clarifies procedures, and generally more inclusive of these more complex situations.

37 Roadmap # 3 Canadian Voluntary Disclosures Take-Aways 1. Get advice as the VDP is usually a right that you would want to invoke, even if making a Mandatory Correction 2. Powerful program if used correctly

38 Roadmap Subject Area 1. Canadian Political Landscape 2. The Canadian Corrections Process for Import Errors 3. The Canadian Voluntary Disclosure Process 4. The TPP A Canadian Perspective 5. Rail Regulation Update 6. Random Thoughts on Y All Moving Up to Canada

39 Roadmap # 4 TPP A Canadian Perspective Overview 1. Comprehensive Multi-lateral Trade agreement signed Feb. 4, 2016 Australia Japan Peru Brunei Malaysia Singapore Canada Mexico United States Chile New Zealand Vietnam 2. Canada has signed but NOT ratified consultations forthcoming 3. NAFTA will continue to apply for US-Canada trade, except to extent TPP further liberalizes that trade

40 Roadmap # 4 TPP A Canadian Perspective Overview 1. Similar structure to existing CDN multi-lateral trade agreements 2. Investor-State Dispute Settlement Mechanism (already in NAFTA) 3. Increased Threshold for Foreign Regulatory Scrutiny (for non-stateowned enterprises) 4. Provisions re: National Treatment, Market Access, Investment, Government Procurement and Competition Policy

41 Roadmap # 4 TPP A Canadian Perspective Petroleum Specific 1. NAFTA Diluent problem addressed 2. Under TPP, Canadian exports able to contain limited amounts of diluent from non-tpp countries when exported preferentially under TPP to the US via pipeline 3. Benefits limited by Canada / US Southern Pipeline opposition?

42 Roadmap # 4 TPP A Canadian Perspective The Fine-Print 1. Annex 3-D: Product-Specific Rules of Origin: Heading Note 3: Diluent Rule - For the purposes of determining whether good of heading is originating good, the origin of diluent of heading or that is used to facilitate the transportation between Parties of crude petroleum oils and crude oils obtained from bituminous minerals of heading is disregarded, provided that the diluent constitutes no more than 40 per cent by volume of the good.

43 Roadmap # 4 TPP A Canadian Perspective Take-Aways 1. Some good news on the diluent side of things. 2. We are not there yet new Canadian government needs to ratify.

44 Mar 7, 2016: Trudeau Feted by Obama at White House State Dinner

45 What they were really talking about Help me kill the pipelines! Absolutement, mon ami!

46 Roadmap Subject Area 1. Canadian Political Landscape 2. The Canadian Corrections Process for Import Errors 3. The Canadian Voluntary Disclosure Process 4. The TPP A Canadian Perspective 5. Rail Regulation Update 6. Random Thoughts on Y All Moving Up to Canada

47 Roadmap # 5 Rail Regulation Update We reviewed the Lac Megantic tragedy last year, and the rush to regulation that entailed.

48 Roadmap # 5 Rail Regulation Update Update 1. No significant regulatory changes since last year 2. March 22, 2016 Federal budget announces significant expenditures and initiatives forthcoming on Rail Regulation: $143 million to strengthen oversight and enforcement of rail safety and dangerous goods transport Increased inspections Increased testing, monitoring and mapping of dangerous goods movements

49 Roadmap # 5 Rail Regulation Update Take-Aways 1. Not much in Last Year 2. More on this Next Year

50 Roadmap Subject Area 1. Canadian Political Landscape 2. The Canadian Corrections Process for Import Errors 3. The Canadian Voluntary Disclosure Process 4. The TPP A Canadian Perspective 5. Rail Regulation Update 6. Random Thoughts on Y All Moving Up to Canada

51 Americans Contemplate Moving to Canada after Early Trump Successes

52 Roadmap # 6 Thoughts on All Y All Moving on Up Three Points 1. Understand this: We are lefter than Bernie! 2. Yes, we have FREE Health Care 3. But you will pay for it with a modest increase in your taxes!

53 Rob s Last Dollar Rob's PDI $1.00

54 Rob s Last Dollar Rob's PDI Income Tax $0.46 $0.54

55 Rob s Last Dollar $0.07 Rob's PDI Income Tax VAT $0.39 $0.54

56 Rob s Last Dollar $0.03 $0.07 Rob's PDI Income Tax VAT Property Tax $0.36 $0.54

57 Rob s Last Dollar $0.03 $0.02 $0.07 Rob's PDI Income Tax VAT Property Tax School Tax $0.34 $0.54

58 Rob s Last Dollar $0.02 $0.03 $0.02 $0.07 Rob's PDI Income Tax VAT Property Tax School Tax Gas Tax $0.32 $0.54

59 Rob s Last Dollar $0.02 $0.03 $0.02 $0.02 Rob's PDI Income Tax VAT Property Tax School Tax Gas Tax Beer/Alcohol $0.07 $0.54 $0.30

60 Roadmap # 6 Thoughts on All Y All Moving on Up Take-Aways 1. Come on Up!!! 2. We need the help with our tax base!

61 Thank You!