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Through the Canadian Labour and Employment Law blog, our lawyers provide legal updates and practical insights to help clients understand, prepare for and respond to the latest domestic and cross-border Labour and Employment issues affecting Canadian and multinational employers.

The Canada Border Services Agency announced anticipated annual updates to the Customs Tariff and its trade verification priorities. It has also announced the implementation date for CARM Release 2 and typical administrative and statutory trade remedy proceedings. In addition to these developments, it is possible that in 2023, Canada may implement its proposed amendments to the Valuation for Duty Regulations, continue to scrutinize the apparel industry, and apply enhanced scrutiny of imports and exports to determine whether goods were manufactured by forced or child labor or are at high risk for sanctions circumvention.

The US Food and Drug Administration ensures the quality of drug products by carefully monitoring both domestic and foreign drug manufacturers’ compliance with its Current Good Manufacturing Practice regulations. With over 350 manufacturing establishments supplying the US drug market, China represents one of the two countries with the most foreign drug establishments subject to FDA inspection.

The US Food and Drug Administration ensures the quality of drug products by carefully monitoring both domestic and foreign drug manufacturers’ compliance with its Current Good Manufacturing Practice regulations. With over 350 manufacturing establishments supplying the US drug market, China represents one of the two countries with the most foreign drug establishments subject to FDA inspection.

On 31 January 2023, Canada announced amendments to the Special Economic Measures (Burma) Regulations in response to the “ongoing repression of the people of Myanmar by the military”. These amendments list an additional six individuals under the Schedule of the Regulations, and include a new prohibition on the export, sale, supply or shipment of aviation fuel (wherever situated globally) destined for Myanmar or any person in Myanmar. These amendments took effect on 27 January 2023.

Baker McKenzie’s Sanctions Blog published the alert titled US Government Designates Russian Proxy Wagner Group as a Significant Transnational Criminal Organization; Sanctions Wagner Group Affiliates, Oligarch Affiliates, and Military Industrial Complex Firms on 31 January 2023. Read the article via the link here. Please also visit our Sanctions Blog for the most recent updates.

In its first criminal no-poach prosecution to result in a penalty against an individual, the US Department of Justice has entered into a pretrial diversion agreement that requires the defendant to complete 180 hours of community service, refrain from any criminal activity or unlawful drug use, and surrender his passport for six months. In exchange, the defendant will not be incarcerated or face further penalties in connection with the underlying no-poach charges. While the penalties are not severe, they constitute the first time that penalties have been assessed against an individual defendant and have important implications for corporate officers, directors, managers, and HR professionals.

On 24 January 2023, the US Food and Drug Administration issued draft guidance on action levels for lead in certain categories of processed foods intended for babies and children under two years of age. These action levels reflect levels of lead at which FDA may regard the food as adulterated within the meaning of section 402(a)(1) of the Federal Food, Drug & Cosmetic Act. FDA will consider these action levels when determining whether to bring an enforcement action.