Nexus Pass Confiscation Appeals
One of the core competencies of LexSage is filing NEXUS appeals on behalf of Canadians and Americans who had had their NEXUS pass confiscated at the Canada-US border by either the Canada Border Services Agency (CBSA) or the U.S. Customs and Border Protection (U.S.C.B.P.).
Cyndee Todgham Cherniak has written a number of articles on this topic:
- The NEXUS Pass Confiscation Appeal Process Is Administrative (http://www.tradelawyersblog.com/blog/article/the-nexus-pass-confiscation-appeal-process-is-administrative/)
- Canadians Living In Border Cities at Risk for NEXUS Pass Confiscations (http://www.tradelawyersblog.com/blog/article/canadians-living-in-border-cities-at-risk-for-nexus-pass-confiscations/)
- Canadians Living In Border Cities at Risk for NEXUS Pass Confiscations (http://www.canada-usblog.com/2012/03/15/canadians-living-in-border-cities-at-risk-for-nexus-pass-confiscations/)
Whether or not the NEXUS privileges have been reinstated depends entirely on the facts of a given case. LexSage has assisted a number of clients in a number of situations:
- The CBSA confiscated a NEXUS pass from an individual who could not satisfy the CBSA that they purchased a Louis Vuitton purse in Canada (until we provided evidence);
- USCBP at Toronto Pearson Airport confiscated a NEXUS pass from an individual because his spouse had a muffin in her purse;
- USCBP at Toronto Pearson Airport confiscated a NEXUS pass from an individual travelling to the United States on a holiday and he packed a few cigars;
- The CBSA confiscated a NEXUS pass from an individual when he was within his exemption limit and there was a disagreement over whether he forgot to include certain purchases;
- The CBSA confiscated a NEXUS pass from an individual when he used the NEXUS lane with his children after being directed to do so on a previous occasion;
- The CBSA confiscated a NEXUS pass from an individual with a home in Florida because the officer assumed the goods that were purchased and remained in Florida would eventually return to Canada;
- The CBSA confiscated a NEXUS pass from an individual who was a permanent resident and the individual could not show that a vehicle was previously declared (we provided the evidence);
- The CBSA confiscated a NEXUS pass from an individual who works a cross-border job and forgot to declare a small purchase under the $50 exemption limit);
- The CBSA confiscated a NEXUS pass with respect to goods donated to a charity in Canada because the officers believed the goods were personal (until we proved the goods were donated); and
- The CBSA confiscated a NEXUS pass from an individual who purchased goods on Craigslist and the border officer did not believe the value was accurate (until the Seller came forward to explain why the goods were so inexpensive).
How can we help you?
- Has the CBSA or USCBP confiscated your NEXUS pass?
- Do you require a NEXUS pass in your business?
- Do you require assistance drafting a letter (request for redetermination) to the CBSA appeal the customs infraction that gave rise to the confiscation of your NEXUS pass?
- Do you require assistance drafting a letter to the CBSA to appeal the immigration infraction that gave rise to the confiscation of your NEXUS pass?
- Do you require assistance drafting a letter to appeal the agriculture/food infraction that gave rise to the confiscation of your NEXUS pass?
- Do you require assistance drafting a letter to the U.S. Ombudsman to appeal the confiscation of your NEXUS pass by US CBP?
- Do you require assistance reviewing the Narrative Report of the CBSA and responding to it?
- Do you require assistance preparing a sworn statement establishing facts?
- Has the CBSA denied your request for redetermination and you wish to file a judicial review with the Federal Court of Canada?
Additional Information about LexSage
LexSage has extensive experience in providing sage and proactive NEXUS advice and reactive assistance in responding to CBSA / USCBP claims against individuals. Based on almost 20 years of experience at Canada’s top law firms, Cyndee Todgham Cherniak has helped numerous clients get their NEXUS privileges reinstated or provide an alternative explanation to be considered when a subsequent application is made. If you need someone in your corner, we would be pleased to help.
Cyndee Todgham Cherniak is the Chair of the Canadian Bar Association, National Sales Tax, Customs and Trade Section. Cyndee is also a chair of the American Bar Association, Section of International Law Customs Committee and is Vice-Chair of the International Trade Committee. In 2011, Cyndee was a sessional law professor at the University of Windsor, School of Law and taught a course on Canada-US trade issues. Between 2005 and 2011, Cyndee was adjunct law professor at Case Western Reserve School of Law and taught a course on NAFTA. Cyndee is a director of the Canada-China Business Council. Between 2003 – 2012, Cyndee was an advisory board member of the Canada-United States Law Institute.
Cyndee Todgham Cherniak is recognized as a leading lawyer in the area of customs and trade laws, including The International Who’s Who of Trade and Customs Lawyers (2010, 2011, 2012), The International Who’s Who of Business Lawyers: Canada (2011, 2012), The Legal Media Group Guide to the World’s Leading International Trade Lawyers (2007 – present), The Legal Media Group Guide to the World’s Leading Women Lawyers in Business (2010-2011, 2012-2013), The Legal Media Group Guide to the World’s Leading China Lawyers – International Trade Lawyers (2011/2012), Chamber’s Global: The World’s Leading Lawyers for Business (2006 – present), and Canadian Legal L’Expert Directory (2004-2007).
*Please note that Cyndee is not licensed to practice law in the United States and can only help a client respond to a confiscation by USCBP to a limited degree. If the U.S. Ombudsman denies a request to reinstate NEXUS privileges, the matter must be referred to a U.S. attorney if further legal action is required.