Trade Clippings January 2021

  • February 04, 2021

Dear Members of the CBA International Law Section, here are the international trade and investment articles and publications of interest for the month of January 2021.This month’s edition has been prepared by Amy Lee. Amy is an associate working in areas of sales and indirect tax, customs and international trade at Blake, Cassels & Graydon LLP and a member of the Communication Committee of the Section.


If Canada can survive four years of Trump, it can navigate the new Buy American: PM CTV News (January 26, 2021)
The article outlines the context surrounding the Buy American strategy of Biden administration and canvasses Canada’s reaction to it.

Alberta premier calls Biden's XL cancellation a 'gut punch' for U.S.-Canada trade relationship CBC (January 20, 2021)
On January 20, 2021, U.S. President Joe Biden revoked the permit for Calgary-based TC Energy's Keystone XL pipeline. For months, Biden had said he intended to cancel the project if elected. The article summarizes reactions from various Canadian politicians, administrators and commentators.

Details regarding the COVID-19 testing requirement for international travellers now available Dentons (January 18, 2021)
Virtually all international passengers flying to Canada from another country would be required to provide evidence of a negative COVID-19 test prior to boarding, effective at 11:59:59 pm Eastern Standard Time, on January 6, 2021.

Press releases & Governmental notices

Trade compliance verifications Canada Border Services Agency (January 2021)
The Canada Border Services Agency issued its verification priorities for tariff classifications, valuation and origin review for the first half of 2021.

G7 Foreign Ministers' Statement on Arrest and Detention of Alexey Navalny Global Affairs Canada (January 26, 2021)
The G7 Foreign Ministers of Canada, France, Germany, Italy, Japan, the United Kingdom and the United States of America and the High Representative of the European Union have issued a statement condemning the politically motivated arrest and detention of Alexey Navalny.

Tribunal Issues Determination of Reasonable Indication of Injury—Concrete Reinforcing Bar from Oman and Russia Canadian International Trade Tribunal (January 25, 2021)
The Canadian International Trade Tribunal determined that there is a reasonable indication that the dumping of concrete reinforcing bar originating in or exported from the Sultanate of Oman and the Russian Federation has caused injury or retardation, or is threatening to cause injury, to the domestic industry.

Carbon and Alloy Steel Line Pipe Canadian International Trade Tribunal (January 14, 2021)
The Canadian International Trade Tribunal’s finding made on March 29, 2016, in Inquiry No. NQ-2015-002, concerning the dumping and subsidizing of certain carbon and alloy steel line pipe originating in or exported from the People’s Republic of China is scheduled to expire on March 28, 2021, unless the Tribunal has initiated an expiry review.

Canada announces new measures to address human rights abuses in Xinjiang, China Global Affairs Canada (January 12, 2021)
The Honourable François-Philippe Champagne, Minister of Foreign Affairs, and the Honourable Mary Ng, Minister of Small Business, Export Promotion, and International Trade today announced measures related to the human rights situation in the Xinjiang Uyghur Autonomous Region.

Minister Ng launches public consultations on possible comprehensive economic partnership agreement with Indonesia Global Affairs Canada (January 11, 2021)
The Honourable Mary Ng, Minister of Small Business, Export Promotion and International Trade, announced the launch of public consultations toward a possible comprehensive economic partnership agreement (CEPA) between Canada and Indonesia. The public consultation process will take place until February 23, 2021.

Statement by Minister Ng on Canada’s request for CUSMA dispute settlement consultations with United States on Canadian solar products Global Affairs Canada (January 7, 2021)
The Honourable Mary Ng, Minister of Small Business, Export Promotion and International Trade, issued a statement regarding Canada’s request for consultations with the United States under Chapter 31 of the Canada-United States-Mexico Agreement (CUSMA) with respect to continued U.S. safeguard tariffs on Canadian solar products.

Consulting Canadians on a possible comprehensive economic partnership agreement with Indonesia Global Affairs Canada (January 8, 2021)
The Government of Canada is soliciting the views of the Canadian public and interested stakeholders to help define our priorities in relation to a possible comprehensive economic partnership agreement (CEPA) between Canada and Indonesia until February 23, 2021.

Photovoltaic Modules and Laminates Canadian International Trade Tribunal (January 5, 2021)
The Canadian International Trade Tribunal initiates an expiry review of its finding made on July 3, 2015, in Inquiry No. NQ-2014-003, concerning the dumping and subsidizing of certain photovoltaic modules and laminates consisting of crystalline silicon photovoltaic cells originating in or exported from the People’s Republic of China.

Opinions & Editorials

In the face of global change, international arbitration proves its flexibility Osler (January 25, 2021)
The revised rules of the International Chamber of Commerce (ICC) came into effect on January 1, 2021 to facilitate virtual hearings and increase efficiency, flexibility, transparency and fairness.  Two specific updates to investor-treaty arbitrations are made.

A Primer on Canadian Sanctions Legislation Blakes (January 25, 2021)
This primer on Canadian sanctions provides an overview of key requirements under Canadian sanctions legislation as of January 2020 including an overview of economic sanctions law, blocking and anti-boycott legislation and export and import controls law.

2021: New Year, New Trade Agreements and New Procurement Thresholds Fasken (January 18, 2021)
The article provides a summary of the procurement matters discussed in the Canada – UK Trade Continuity Agreement, the UK’s New Single Point of Access, Ontario-Maryland Strategic Investment and Procurement Agreement and other various free trade agreements.


The United States and Canada Agenda 2021 Wilson Center (January 2021)
This report is a compilation of commentary by the scholars and fellows affiliated with the Canada Institute at the Woodrow Wilson International Center for Scholars on the bilateral agenda in 2021 on topics ranging from the new bilateral dynamics, a North American agenda/ CUSMA, global security, environment and energy, borders and immigration and economic recovery.

China Reset or a New Way Forward for Canada? Asia Pacific Foundation of Canada (January 18, 2021)
The article summarizes economic and security considerations in Canada-China relationship and proposes a new way forward regarding the relations between the two countries.