John W. Boscariol Lawyer Profile

Transcription

1 TITLE Partner OFFICE Toronto DIRECT LINE LAW SCHOOL University of Toronto, LLB, 1993; Osgoode Hall Law School, LLM (International Trade and Competition Law), BAR ADMISSIONS Ontario, 1995 Biography is head of the firm s International Trade & Investment Law Group and a partner in the Litigation Group. John advises both private and public sector clients on the application and enforcement of laws governing foreign investment and the cross-border trade in goods, services and technology. His practice focuses on international trade and investment protection agreements, such as, the agreements of the World Trade Organization, and NAFTA, bilateral investment treaties, regional and sectoral trade agreements, anti-corruption laws, export and import controls, economic sanctions, blocking measures, defence trade controls, national security measures, anti-dumping, countervail and safeguard measures, government procurement, and all customs tariff and enforcement issues. In addition to advising his clients on strategic planning, compliance and enforcement, John regularly deals with various government agencies and appears before panels, courts, and tribunals hearing disputes involving international trade and investment matters. John advises foreign and domestic clients across a wide range of sectors and industries impacted by international trade and investment measures, including financial services, mining, energy, natural resources, oil and gas, pharmaceuticals, clothing and apparel, manufacturing, technology and licensing, software, transportation, defence, food, beverage and other consumer products, biotechnology, public-private partnerships and infrastructure. Recently, based on nominations and recommendations from in-house counsel, John was selected as the sole recipient of the International Law Office/Association of Corporate Counsel Client Choice Award Trade and Customs (Canada). The criteria for the award focus on the ability to add real value to clients' business above and beyond the other players in the market. John is the first lawyer in Canada to ever receive this award for work on international trade matters. Most recently, John was nominated and then selected as a finalist for the Canadian Association of Importers and Exporters Member of the Year for his work with this leading industry McCarthy Tétrault LLP

2 McCarthy Tétrault LLP 2 organization. A selection of comments regarding John s work, given by in-house counsel when surveyed for the International Law Office Client Choice Awards, can be found here. Martindale-Hubbell rates John as AV Preeminent, their highest level of professional excellence and Chambers Global ranks him in Tier One for WTO/International Trade. He has also been ranked highly in numerous other national and international directories, including The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada, Expert Guides to the World s Leading Lawyers Best of the Best, International Who s Who of Trade and Customs Lawyers, Lexpert, Euromoney s Guide to the World s Leading International Trade Lawyers, and The Best Lawyers in Canada. He has published papers and articles on current trade and investment issues in various business and legal journals, including Kluwer Global Trade and Customs Journal, Law and Policy in International Business, International Trade Law & Regulation, the Canadian Business Law Journal, the National Banking Law Review, International Business Lawyer, and the Ivey Business Journal. John is active in the leadership of the American Bar Association Section of International Law, including as Co- Chair of the Export Controls and Economic Sanctions Committee, Liaison to the Immediate Past Co-Chair of the Canada Committee. He is also Immediate Past Chair of the Ontario Bar Association International Law Section. He is Co-Chair of the Canadian Association of Importers and Exporters Export Committee and is a member of the Canadian Council for the Americas, the Board of Trade of Metropolitan Toronto, and the Royal Canadian Military Institute. John is regularly invited to speak at national and international conferences and seminars on trade and investment matters. Speaking engagements include the World Customs Organization in Brussels, the Annual Conference of the Canadian Tax Foundation, the Commodity Tax Symposium of the Canadian Institute of Chartered Accounts and the Annual Research Seminar of the Canadian Petroleum Law Foundation. He has lectured in the Master of Laws (international trade) program at Osgoode Hall Law School, and at the University of Western Ontario and the University of Toronto. He also teaches I.E. Canada s Customs Duty and International Trade Course at locations across Canada. John received his B. Com (Gold Medalist) from the University of Toronto in He received his LLB from the Faculty of Law at the University of Toronto and was called to the Ontario bar in In 1998, he received his LLM (International Trade and Competition Law) from the Osgoode Hall Law School. RECENT PUBLICATIONS, ATTRIBUTIONS AND SPEECHES (2010 TO PRESENT) Speaker, "To Disclose or not to Disclose? How to Determine if Voluntary Disclosure is an Appropriate Option", Canadian Institute Conference, Compliance Solutions to Prevent Damage to Your Business and Reputation, Calgary, June 21, Moderator and Speaker, "Global Events and Local Sanctions: Navigating Risk Through the Arab Spring", Canadian Payments Association Conference, Payments Panorama 2012, Quebec City, June 6-8, 2012.

3 McCarthy Tétrault LLP 3 Speaker, Managing the Relationship Between Canadian and U.S. Export Controls and Trade Embargoes, U.S. Commercial Export Controls & Embargoes Seminar, Export Compliance Training Institute, Montréal, May 16, Speaker, Regulation of Controlled Military Goods and Technology in Canada and Conflicts with U.S. ITAR, U.S. Defence Trade Controls, Export Compliance Training Institute, Montréal, May 15, Speaker, PEFP/Sanctions Screening: Making it Work and Avoiding Massive US Penalties, Canadian Institute anti-money Laundering Conference, Toronto, April 26, Montréal, March 21, Speaker, Lessons from Recent Developments in Foreign Corrupt Practices in Canada and Internationally, Corporate Ethics Management Council, Calgary, Alberta, March 7, Canada Expands Sanctions Measures Against Syria Targeting Financial Services and the Central Bank, McCarthy Tétrault Legal Update, March 5, Speaker, Managing Anti-Corruption Risk in the Mining Sector: Canada Enters a New Era of Enforcement and Compliance, 2 nd Annual McCarthy Tétrault Mining in the Courts, March 6, Exporters Subject to Increasing Trade Control Scrutiny, McCarthy Tétrault Legal Update, February 27, Quoted, "America is ready to fix our sanctions mess for us", by Terry Glavin, Ottawa Citizen, February 23, Speaker, Tax, Trade and Customs: Critical Cross-Border Issues for Retailers in Canada, Toronto, February 21, Speaker, Canada's New Compliance Minefield, Canadian and U.S. Export Controls Workshop, Canadian Association of Importers and Exporters, Montréal, Québec, February 8, Quoted in More Corruption Allegations Against India s Government This Time Originating From Canada, The Link Paper, February 4, Quoted in Indian cabinet minister in bribery scandal asks his PM for help, by Greg McArthur, The Globe and Mail, February 2, Quoted in The Cost of a Bribe In-house counsel have to be strategic and principled to prevent legal problems for paying bribes abroad, by Kevin Marron, Lexpert Magazine, February Speaker, The New ITAR Foreign, Dual and Third Country National Rule and Canada s Enhanced Security Strategy: U.S. and Canadian Government Expectations for Complying with Screening Requirements, American Conference Institute/The Canadian Institute s Forum on U.S. Export and Re- Export Compliance for Canadian Operations, Toronto, January 31 - February 1, 2012.

4 McCarthy Tétrault LLP 4 Facilitator, How Would You Handle This Scenario?, The Canadian Institute s Anti-Corruption & Bribery Compliance Conference, Toronto, January 30-31, Speaker, Navigating the cloud: Tips & Tricks, McCarthy Tétrault Advance: 2nd Annual Technology Law Summit, Toronto, January 18, Quoted in Can in-house counsel help combat fraud? by Jennifer Brown, Canadian Lawyer magazine and Law Times newspaper, January 17, Quoted in Changes to export controls catch some off guard, by Jennifer Brown, Canadian Lawyer Magazine, January 3, Quoted in Anti-Bribery Laws: The Net Tightens - Here s what your organization needs to do to stay out of trouble, by Pablo Fuchs, Canadian Corporate Counsel Association Magazine, Winter Export Control Alert: Canada Announces Changes to its Export and Technology Controls Regime, McCarthy Tétrault Legal Update, December 20, Co-author, Select Issues In The U.S.-Canada Defense Trade, Briefing Papers, No , December 2011 Thomson Reuters. Canada Expands Economic Sanctions Against Iran, McCarthy Tétrault Legal Update, November 22, A Deeper Dive Into Canada s First Significant Foreign Bribery Case: Niko Resources Ltd., Ontario Bar Association International Law Section s Globetrotter publication, November 21, Toronto, Ontario, November 16, Participant, TalkingPoint: Canada s FCPA Detection, Enforcement And Prosecution, a discussion looking at anti-corruption and bribery efforts in Canada, Financier Worldwide Magazine, November 15, Customs Duty and International Trade, Instructor for the Canadian Association of Importers and Exporter Course, Toronto, Ontario, November 14, New Economic Sanctions Against Syria: U.S., Canadian, and EU Approaches, ABA Section of International, Law Export Controls & Economic Sanctions Committee, Toronto, Ontario, November 9, Speaker, Economic Sanctions: Canada's New Compliance Minefield, Canadian & U.S. Export Controls Workshop, Canadian Association of Importers and Exporters, Calgary, Alberta, November 3,

5 McCarthy Tétrault LLP 5 Speaker, "Nationality and the ITAR: Implementation Challenges and Opportunities in Canada and the US", Webinar Program, West LegalEdcenter and Federal Publications Seminars at Thomson Reuters, October 19, Canada Imposes Additional Economic Sanctions Against Syria, McCarthy Tétrault Legal Update, October 5, Canada Lifts Most Economic Sanctions Against Libya, McCarthy Tétrault Legal Update, September 26, Co-Chair, American Bar Association International Annual Meeting, August 5-7, Co-Chair, American Bar Association International Section Leadership Retreat, August 3-4, The Canada Consumer Product Safety Act Now in force, Canadian Corporate Counsel: A Practical Reference for Corporate, Consumer Protection Law, Volume 20, Number 8, August Quoted in "Canada Takes Landmark Anti-Bribery Enforcement Action", by Jaclyn Jaeger, Compliance Week, July 12, Quoted in "Niko Resources fine first step in crackdown", by Julius Melnitzer, Financial Post, July, 11, Quoted in "Fine shows crackdown on corruption Foreign Practices", by Julius Melnitzer, Financial Post, July 6, $9.5 Million Fine is First Significant Action Under Canada s Foreign Corruption, McCarthy Tétrault Legal Update, June 27, 2011 The Canada Consumer Product Safety Act Now in Force, McCarthy Tétrault Legal Update, June 21, 2011 "US and Canadian Regulation of Controlled Goods and Technology: ITAR and CGP, Réseau photonique du Québec, Montréal, Québec, June 17, Speaker, Economic Sanctions: Canada's New Compliance Minefield, Canadian & U.S. Export Controls Workshop, Canadian Association of Importers and Exporters, Toronto, Ontario, June 13, Chair and Moderator, Libyan Sanctions Roundtable: Dealing with US, EU and Canadian Measures, American Bar Association, Section of International Law, Washington, D.C. and Toronto, Ontario, June 8, Canada Imposes Economic Sanctions Against Syria, McCarthy Tétrault Legal Update, May 25, Regulation of Controlled Military Goods and Technology in Canada and Conflicts with U.S. ITAR, U.S. Defence Trade Controls, Export Compliance Training Institute, Montréal, May 18,

6 McCarthy Tétrault LLP 6 Managing the Relationship Between Canadian and U.S. Export Controls and Trade Embargoes, U.S. Commercial Export Controls & Embargoes Seminar, Export Compliance Training Institute, Montréal, May 17, Quoted in U.S. scraps Catch 22 for Canadian defence contractors; Ends nationality-based screening that barred some workers from hi-tech projects, and left companies open to human rights violations, by Barrie McKenna, The Globe and Mail, May 17, Lecturer, US Controls on Non-US Transactions, "Compliance Challenges with Canadian and US Export and Defence Controls", A Practical Guide Conference, Export Compliance Training Institute, Montréal, May 16-19, Quoted in "U.S. eases law barring Canadian dual citizens from hi-tech military jobs; Long-standing cross-border irritant left Canadian companies caught between steep fines and human-rights violations, by Colin Freeze, The Globe and Mail, May 16, Final US ITAR Rule on Dual and Third Country Nationals Raises New Challenges for Canadian Business, McCarthy Tétrault Legal Update, May 16, Discussion Leader at the The Dodd-Frank Act: Implications for Canadian foreign filers with the SEC session, at the Spotlight on Anti-Corruption: Current Issues Day of Dialogue, Transparency International Canada Inc., Toronto, May 12, New Sanctions Measures Prohibit Dealings With Corrupt Foreign Officials, McCarthy Tétrault Legal Update, April 18, Co-Chair, Is Water the New Oil? Tales from the Battle Over Transboundary Water Resources in North America", American Bar Association Section of International Law, Spring Meeting, Washington, DC, April 7, Speaker, Export Controls and Economic Sanctions: Compliance and Enforcement Issues, Canadian Association of Importers and Exporters 8th Annual Western Canada Conference, Calgary, Alberta, March 7-8, Canada Imposes Wide-Ranging Economic Sanctions Against Libya, McCarthy Tétrault Legal Update, March 1, Speaker, Key Technology Transfer Control Issues for 2011, McCarthy Tétrault Technology and Sourcing Law Conference, February 17, Encryption Alert: New Permit for Exports and Technology Transfers to EU Plus Five Countries, McCarthy Tétrault Legal Update, February 3, Quoted in "Why Canadian firms should worry about China s Iranian ties Sufficiently aggravated, U.S. lawmakers could make hay of Chinese investment in the West", by Jeff Lewis, Alberta Oil - Energy Sector Insight, February 1,

7 McCarthy Tétrault LLP 7 Quoted in "Lumber deal still a good one despite new arbitration loss, Ottawa says" by Barrie McKenna, The Globe and Mail, January 21, Quoted in Corruption Crackdown by Julius Melnitzer, Lexpert 2010 Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada, January Toronto, Ontario, November 17, Quoted in "New Canada cryptographic rule on goods permits", Export Control Report, Vol. 1, No. 1, United Kingdom, November Export Controls Alert: Canada Issues New Guidance on Encryption Controls, McCarthy Tétrault Legal Update, October 21, Speaker, Managing the Relationship Between Canadian and U.S. Export Controls and Economic Sanctions, Export Controls and Economic Sanctions Workshop, Canadian Association of Importers and Exporters 79th Annual Conference & Trade Show Looking Beyond the Obvious, Toronto, Ontario, October 20, Quoted in "U.S. anti-bribery law could trap Canadian firms", The Lawyers Weekly, October 15, Export Controls Alert: Canada Issues New Guidance on Encryption Controls, McCarthy Tétrault Legal Update, October 21, Speaker, Managing the Relationship Between Canadian and U.S. Export Controls and Economic Sanctions, Canadian Association of Importers and Exporters 79th Annual Conference & Trade Show Looking Beyond the Obvious, Toronto, Ontario, October 20, Quoted in "U.S. anti-bribery law could trap Canadian firms", The Lawyers Weekly, October 15, Vancouver, British Columbia, October 6, Quoted in "Canada Moves to Unilateral Sanctions", by Julius Melnitzer, Globe & Mail Web Articles, September 1, Proposed US Defence Control Changes Aim to Resolve Conflicts with Canadian Human Rights Law, McCarthy Tétrault Legal Update, August 11, Exporting Software and Technology Abroad Controls on Ancillary Encryption to be Liberalized, McCarthy Tétrault Legal Update, August 3, 2010.

8 McCarthy Tétrault LLP 8 Yugraneft Corp. v. Rexx Management Corp.: Victors in International Arbitration Proceedings Must Look Out for Local Limitation Periods, McCarthy Tétrault Co-Counsel: Litigation, Volume 4, Issue 1, August 2, Canada Targets Financial Services and Oil & Gas Sectors in New Unilateral Sanctions Against Iran, McCarthy Tétrault Legal Update, July 26, Canadian Government Undertaking Industry Consultations on Cryptography Export Permit Process, McCarthy Tétrault Legal Update, July 14, Sanctions Alert: The Brave New World of Doing Business with Iran, McCarthy Tétrault Legal Update, July 12, Export Controls Alert: Canada s Response to Liberalization of Controls on Ancillary Encryption, McCarthy Tétrault Legal Update, June 18, At the Cross-Roads of U.S. and Canadian Trade Controls: The Cuba Conflict, the Kluwer Global Trade and Customs Journal, Volume 5, Issue 6, June Speaker, "The Collision of U.S. Export Control and ITAR Rules with Canadian Law", The American Conference Institute s 13th National Forum on Export Controls, Washington, DC, May 18-19, Lecturer, Regulation of Controlled Military Goods and Technology in Canada and Conflicts with U.S. ITAR, U.S. Defence Trade Controls, Export Compliance Training Institute, Montréal, May 12, Lecturer, "Managing the Relationship Between Canadian and U.S. Export Controls and Trade Embargoes", U.S. Commercial Export Controls & Embargoes, Export Compliance Training Institute, Montréal, May 11, Canadian Government Launches Consultations on Encryption Controls, McCarthy Tétrault Legal Update, March 9, Montreal, February 24, Quoted in We need to seek other trade partners, Eric Cunningham, The Hamilton Spectator, February 23, Co-Chair, Citizenship & Immigration /International Law: Navigating the International Assignment Maze: Immigration, Employment and Taxation Issues in Foreign Workers Transfers, Ontario Bar Association, Institute 2010 Program, Toronto, February 16, Quoted in 'Buy American' deal marks a step forward, The Windsor Star, February 13, Quoted in Protectionism kept at bay, Paul Vieira, Financial Post, February 6, 2010.

9 McCarthy Tétrault LLP 9 Quoted in Deal exempts Canadian companies from protectionist Buy American provisions, Jennifer Ditchburn, The Canadian Press, February 5, U.S. and Canada Reach Agreement on "Buy America" and Provincial Government Procurement, McCarthy Tétrault Legal Update, February 5, "Spotlight On Sections: International Law", Briefly Speaking, Official Magazine of the Ontario Bar Association, Vol. 35 No. 1, February Promises to be Another Busy Year for Canadian Export Controls and Economic Sanctions, Q Newsletter, Export Controls & Economic Sanctions Committee of the American Bar Association Section of International Law, January 2010.