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Exporting to Canada

Exporting to Canada. A brief overview Neil Withers VP CERBA withers@dol.ru +7 916 505 6066. Russia – Canada Trade. Russian Exports to Canada 2015. Russia’s key Exports. The legal structure of Canada. Federal and provincial jurisdiction Branches of government :

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Exporting to Canada

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  1. Exporting to Canada A brief overview Neil Withers VP CERBA withers@dol.ru +7 916 505 6066

  2. Russia – Canada Trade

  3. Russian Exports to Canada 2015

  4. Russia’s key Exports

  5. The legal structure of Canada • Federalandprovincialjurisdiction • Branches of government: • legislative, executive and judicial. • Common law and civil (Quebec) law traditions

  6. Businessstructure • Soleproprietorship • Partnership • CorporationResidencyrequirements • Branch operations obtaining a licence or otherwise registering in the province • resident agent, representative, warehouse, office, real property or regulated type of business • Jointventure

  7. Visa to Canada • Tourist or Business visa? • Tourist: • Hotel reservation and travel within Canada • Demostrate intention to return to Russia • Business Visa • Generally invitation from business contact • Not to look for job

  8. Business Visa to Canada • Typically foreign nationals who enter Canada temporarily to engage in international business activities for a short time - general criteria: • Business visitors must have no intent to enter the Canadian labourmarket (not looking for a job). • The intended activity in Canada must be international in scope. • The primary source of remuneration must be outside of Canada. • Their employer’s accrual of profits must be out­side of Canada.

  9. Good reasons for a Business Visa • Attendingbusinessmeetings • ExploringbusinessopportunitiesinCanada • Negotiating the sale of non-Canadian-origin goods to Canadian customers • Providing some types of after-sales service to Canadian customers • Training Canadians employed within the same corporate group as the trainer • Attendingseminarsortradeshows

  10. Internationaltrade • Importation of goods • Anti-dumping and countervailing duties • Export controls and sanctions • Controlled goods regime (Exports) • Investor-state disputes • Canada's blocking legislation: The Foreign Extraterritorial Measures Act • Proactive trade compliance

  11. Importation of Goods a. Dutiesandtax • Customs duties are levied on imported goods (Schedule to the Customs Tariff). • In addition to customs duties, imported goods and some services are subject to the federal Goods and Services Tax (GST) • There are many special tariff items under the Customs Tariff that allow for duty relief, such as goods destined for particular end uses. Canada also has duty-relief programs for temporary importations. b. Valuation. c. Rules of origin d. Appeals e. Import restrictions Ask advice from your Customs Agent

  12. Disputeresolution & litigation • ThecourtsysteminCanada • Civil litigation (including alternative dispute resolution) • Classproceedings • Productliability • Canada Consumer Product Safety Act (CCPSA) and federal Food and Drugs Act. • A blanket prohibition on the marketing of unsafe products • Support by a supplier of the safety of their product • An obligation on a supplier to report adverse events • Broad governmental investigatory and enforcement powers, including ordering product recalls • Penalties in the form of fines of up to $5,000,000 and prison terms of up to two years for breaches of the CCPSA

  13. Whitecollarcrime/corruption • Foreigncorruption • Antitrust/competitionlaw • Securitiesprosecutions • Fraud • Corporatecriminalliability • Regulatoryprosecutions • Anti-money laundering and terrorist financing

  14. Trade Shows and Canadian contacts • Алекс Гришин / Alex Grichine • Regional Director - Russia • Canada Eurasia Russia Business Association (CERBA) • Tel   +7 495 215 0964 • Mob +7 985 762 1240 • alex@cerbanet.org • www.cerbanet.org

  15. Legal Advice • There are several international firms I Moscow with strong Canadian capability Gowlings

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