John W. Boscariol: Lawyer with McCarthy Tétrault LLP

John W. Boscariol

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Partner
Toronto,  ON  Canada
Phone416-601-7835

Peer Rating
 4.8/5.0
AV® Preeminent

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Practice Areas

  • Arbitration
  • China
  • Consumer Products & Retail
  • Energy
  • Financial Services
  • Infrastructure
  • Technology & Licensing
  • International Trade & Investment Law
  • Life Sciences
  • Litigation
  • Mining
  • Pharmaceutical
  • Procurement
 
Mailing AddressSuite 5300, TD Bank Tower, Toronto Dominion Centre, Toronto, ON, M5K 1E6
 
University University of Toronto, B.Comm., Finance/Marketing, Gold Medalist, 1990
 
Law SchoolUniversity of Toronto, Faculty of Law, LL.B., 1995; Osgoode Hall Law School, LL.M., International Trade/Competition Law, 1998
 
Admitted1995, Ontario
 
Biography

John W. Boscariol 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 of laws governing foreign investment and the cross-border trade in goods, services and technology. His practice focuses on enforcement and compliance matters regarding anti-corruption laws and policies, economic sanctions and trade embargoes, export, import and technology transfer controls, defence trade controls, blocking measures (Cuba), national security measures, anti-dumping, countervail and safeguard measures, government procurement, and customs and tariffs. He has also developed a recognized expertise in the interpretation and enforcement of international trade and investment protection agreements, such as the agreements of the World Trade Organization, NAFTA, bilateral investment treaties, and regional trade agreements,.

In addition to advising his clients on strategic planning, compliance and enforcement, John regularly deals with various government agencies responsible for the administration of these laws 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.

In 2014, John was named by Expert Guide's Best of the Best (Global) as one of the world's top 30 international trade attorneys. He is also the recipient of the 2014 Global Law Experts Practice Award for International Trade Compliance Lawyer of the Year (Canada) and the 2014 Corporate International Magazine Global Award for International Compliance Lawyer of the Year in Canada. In 2013, he was selected as the International Trade and Finance Lawyer of the Year in Toronto by Best Lawyers in Canada.

In 2012, John received the Canadian Association of Importers and Exporters' Member of the Year Award for his work with this leading industry organization. He was also selected as the 2013 International Trade and Finance Lawyer of the Year in Toronto byBest Lawyers in Canada.

In 2011, based on nominations and recommendations from in-house counsel, John was also 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. He is the first lawyer in Canada to ever receive this award for work on international trade matters.

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, International Who's Who of Trade and Customs Lawyers, Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers, Expert Guides to the World's Leading Lawyers - Best of the Best, Lexpert, Euromoney's Guide to the World's Leading International Trade Lawyers, and Best Lawyers in Canada.

He has published papers and articles on current trade and investment issues in various business and legal journals, including the 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, and is currently Division Chair (Public International Law) with responsibility for the Anti-Corruption, Corporate Social Responsibility, Anti-Money Laundering, International Human Rights, and Refugee Law Committees . He is Senior Adviser and Past Co-Chair of the ABA Export Controls and Economic Sanctions Committee. He is also active in Canadian bar associations, including as Past Chair of the Ontario Bar Association International Law Section and as a member of the Canadian Bar Association's Joint Committee on Anti-Corruption.

He is Co-Chair of the Canadian Association of Importers and Exporters' Export Committee and sits on IE Canada's Advocacy Council. He is also 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 International Bar Association, the American Bar Association, 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 IE Canada's Customs Duty and International Trade Course at locations across Canada.

John received his B. Comm. (Gold Medalist) from the University of Toronto in 1990. He received his LLB from the Faculty of Law at the University of Toronto and was called to the Ontario bar in 1995. In 1998, he received his LLM (International Trade and Competition Law) from the Osgoode Hall Law School.

RECENT PUBLICATIONS, ATTRIBUTIONS AND SPEECHES (2013 TO PRESENT)
•Speaker, U.S. Commercial Export Controls & Embargoes Seminar, U.S. Export Controls on Non-US Transactions: A Practical Guide, Export Compliance Training Institute, Montreal, May 4 - 7, 2015.
•Speaker, The Interaction of the Canadian and US Sanctions Regimes: Critical Issues and Practical Solutions for Addressing Inconsistency and Conflict, the 8th Annual Forum on Economic Sanctions Enforcement and Compliance conference of the American Conference Institute, Washington, DC, April 28-29, 2015.
•Speaker, Economic Sanctions: Addressing Key Enforcement and Compliance Challenges, The Law and Practice of International Trade 2015 Program, The Commons Institute, Ottawa, March 27, 2015.
•Moderator and Speaker, Export Compliance Best Practices Webinar Series Part 3: Defence Trade Controls - The Controlled Goods Program, Canadian Association of Importers and Exporters, March 6, 2015.
•Moderator and Speaker, Export Compliance Best Practices Webinar Part 2: Economic Sanctions, Canadian Association of Importers and Exporters, February 27, 2015.
•Moderator and Speaker, Export Compliance Best Practices Webinar Part 1: Export & Technology Transfer Controls, Canadian Association of Importers and Exporters, February 19, 2015.
•Quoted in Russian bank that hired John Baird's onetime chief-of-staff removed from list of firms facing sanctions, by Stephen Maher, Financial Post, February 10, 2015.
•Key Developments in Economic Sanctions and Export Controls and What to Watch for in 2015, McCarthy Tetrault Legal Update, February 9, 2015.
•Speaker, Forbidden Compliance: The Application of EU and Canadian Anti-boycott and Blocking Measures to US Economic Sanctions and Export Controls, program of the Export Controls and Economic Sanctions Committee, Section of International Law, American Bar Association, January 29, 2015.
•Moderator, CANADIAN GOVERNMENT Q & A - Status Report on the Controlled Goods Program, Export Control List and Alignment with U.S. Reform: What is Now Controlled in Canada, and Required for Registrations and Export Permits, The 4th Industry Forum on U.S. Export & Re-Export Compliance for Canadian Operations Conference, American Conference Institute/The Canadian Institute, Toronto, January 27, 2015.
•Quoted in Canada gets soft on bribery - Why rules aimed at cracking down on corruption by mining firms miss the mark, by Becky Rynor, Maclean's Magazine, Canada, January 27, 2015.
•Prohibited Compliance: Latest Attack Against Buy America Causes Cancellation of U.S. Procurement, McCarthy Tetrault Legal Update, January 23, 2015.
•New CBSA Transfer Pricing Policy Creates Opportunities and Obligations for Importers, McCarthy Tetrault Legal Update, January 22, 2015.
•Speaker, The Strategic Use of Bilateral Investment Treaties: Canada's Foreign Investment Protection Agreements, McCarthy Tetrault Advance: Advanced Issues in International Arbitration Practice, Toronto & Webinar, January 22, 2015.
•Speaker, Key Anti-Corruption Enforcement and Compliance Issues, McCarthy Tetrault Advance Seminar: Update on Procurement Law in Canada, Toronto and Webinar, January 21, 2015.
•Canada Introduces New Border Remedies to Address Importation of Counterfeit Products, McCarthy Tetrault Legal Update, January 12, 2014.
•Speaker, Economic Sanctions Against Russia - What Does That Mean For Canadian Companies?, Economic Sanctions Against Russia Webinar, Canadian Association of Importers and Exporters, December 12, 2014.
•Chair, Course Leader, Overview of the Anti-Corruption Landscape for Canadian Companies, Lexpert Conference: Anti-Bribery and Corruption Compliance: Coping With the Onslaught, Calgary and Toronto, December 8 & 11, 2014.
•Speaker, Mitigating Agent, Consultant and Third Party Risk, Lexpert Conference: Anti-Bribery and Corruption Compliance: Coping With the Onslaught, Calgary and Toronto, December 8 & 11, 2014.
•Lecturer, Ensuring Third-Party Anti-Corruption Compliance, the 7th Bribery and Foreign Corruption Course, Federated Press, Toronto, December 5, 2014.
•Speaker, Practice Issues in Addressing Conflicts Between US and Canadian Economic Sanctions, the 5th Annual Economic Sanctions Boot Camp, American Conference Institute, New York, December 4, 2014.
•Quoted in Germany won't block Canada-Europe trade deal despite investor-state clause, by Barrie McKenna, The Globe and Mail, November 28, 2014.
•Lecturer, Customs Enforcement, AMPS, and Appeals; Anti-Dumping, Countervail, and Safeguards; Import and Export Controls and Trade Embargoes; International Trade and Investment Agreements, Canadian Association of Importers and Exporters Customs Duty and International Trade Course, Toronto, November 20, 2014.
•Canada to Update Its Export and Technology Transfer Controls, McCarthy Tetrault Legal Update, November 10, 2014.
•Speaker, International Law: From BNP Paribas to Kiev - Recent Developments in Export Controls and Economic Sanctions, the Seminal Export Controls Program, the Ontario Bar Association, Toronto, November 10, 2014.
•Canada Introduces New Payment Disclosure Regime: The Extractive Sector Transparency Measures Act, McCarthy Tetrault Legal Update, November 4, 2014.
•Speaker, The Canadian Perspective: Waging War Financially - Economic and Trade Sanctions in the 21st Century, International Bar Association Annual Conference, Tokyo, October 22, 2014.
•Speaker, McCarthy Tetrault Advance: Anti-corruption laws - Implications for companies doing business in Canada and abroad, Montreal, Quebec, October 8, 2014.
•Speaker, ITAR & Controlled Goods: Canadian Defense Production Act & CGP Amendments - Practical Compliance & Enforcement Issues, IE Canada 83rd Annual National Conference and Trade Show, Toronto, October 7, 2014.
•Speaker, Regulatory Pitfalls in M&A and Other Cross-Border Business Activities, American Bar Association National Institute on Regulation & Compliance: FCPA, OFAC & Export Control, Washington DC, October 2, 2014.
•CETA Will Create a Two-Tiered System for Investment Canada Act Reviews, McCarthy Tetrault Legal Update, September 23, 2014.
•Quoted in What Canada's New Trade Treaty with China Means to You Ottawa's FIPA with Beijing might keep you from getting burned in the Asian powerhouse, by Jared Mitchell, PROFIT Magazine's PROFITguide.com, September 19, 2014.
•Quoted in Canada Quietly Removes 2 Russian Banks 'Mistakenly' on Sanctions List, The Moscow Times, September 19 2014.
•Canada Announces New Economic Sanctions Against Russia, McCarthy Tetrault Legal Update, September 17, 2014.
•Canada Announces New Economic Sanctions Against Russia, McCarthy Tetrault Legal Update, September 17, 2014.
•Canada's Foreign Investment Protection Agreement With China Takes Effect on October 1, 2014, McCarthy Tetrault Legal Update, September 16, 2014.
•Speaker, Mitigating Corruption Risk in Today's Aggressive Enforcement Environment, Marcus Evans 2nd Annual Canadian Oil and Gas Contract Management Conference, Calgary, September 10, 2014.
•Quoted in Russian Sanctions Lead Boards to Weigh 'Plan B': Companies that breach the sanctions face significant reputational and financial risk, by Mellissa J. Anderson, Financial Times, Agenda, August 18, 2014.
•Quoted in Leaked CETA document raises concerns, questions, by Jennifer Brown, Canadian Lawyer Magazine, August 18, 2014.
•Quoted in Leaked text foretells U.S.-EU trade talks, by Adam Behsudi, Politico Pro Magazine, August 14, 2014.
•Quoted in What Russian Sanctions Mean For Your Business by Jared Mitchell, PROFIT Magazine's PROFITguide.com, August 13, 2014.
•Quoted in Trading down? How international trade deals could force Canada to drop oversight over a growing number of regulatory issues by Justin Ling, National Magazine, The Canadian Bar Association, August 12, 2014.
•Quoted in Global Antibribery Fight Hardens - Billions Won by the U.S. Spur Other Countries to Get Probes Under Way, by Ben DiPietro, The Wall Street Journal, August 10, 2014.
•Russia/Ukraine Economic Sanctions Update: New Measures Target the Energy, Financial and Defence Sectors, McCarthy Tetrault Legal Update, July 25, 2014.
•Speaker, CANADA - 35 Reported CFPOA Investigations and Counting: Update on CFPOA Expanding Jurisdiction, RCMP's New Authority and the Most Active 12 Months in CFPOA Enforcement History, Global Anti-Corruption Regulatory and Enforcement Update Conference, The American Conference Institute, Washington D.C., July 14, 2014.
•Speaker, Export Compliance Control and Business Ethics in Energy Supply Chain Contracts, CI Energy Group's 2nd Annual supply Chain Contracts for Energy - Proactive Strategies to Mitigate Risk, Manage costs and Ensure Successful Delivery, Canadian Institute, Calgary, June 23-24, 2014.
•Speaker, ACAMS 2nd Annual Anti-Money Laundering & Financial Crime Conference, The Association of Certified Anti-Money Laundering Specialists, Toronto, June 9-10, 2014.
•Lecturer, Customs Enforcement, AMPS, and Appeals; Anti-Dumping, Countervail, and Safeguards; Import and Export Controls and Trade Embargoes; International Trade and Investment Agreements, Canadian Association of Importers and Exporters Customs Duty and International Trade Course, Calgary, May 15, 2014.
•Chair and Speaker, Mitigating Corruption Risk: Latest Developments in Canadian Anti-Corruption Law and Enforcement and the View from the RCMP, McCarthy Tetrault Advance, Calgary, Alberta, May 13, 2014.
•Speaker, Regulation of Controlled Defence Goods and Technology in Canada and Conflicts with U.S. ITAR, U.S. Export Controls on Non-US Transactions: A Practical Guide, Export Compliance Training Institute, Montreal, May 7, 2014.
•Speaker, Managing the Relationship Between Canadian and U.S. Export Controls and Economic Sanctions: Compliance and Enforcement Issues, U.S. Export Controls on Non-US Transactions: A Practical Guide, Export Compliance Training Institute, Montreal, May 6, 2014.
•More Russian Entities Hit by Canadian Economic Sanctions, McCarthy Tetrault Legal Update, May 5, 2014.
•Speaker, Perspectives from the EU and Canada: Compliance Expectations for Global Financial Institutions and Exporters, the 7th Advanced Forum on Economic Sanctions Enforcement & Compliance - How to Company with Evolving Sanctions Restrictions amid New, Emerging OFAC, SEC and DOJ Enforcement Risks, The American Conference Institute, Washington D.C., May 1, 2014.
•Quoted in U.S. takes aim at Putin with Sanctions on Inner Circle, by Janet McFarland and Jeff Gray, The Globe and Mail, April 28, 2014.
•Canada Expands Economic Sanctions Against Russia, McCarthy Tetrault Legal Update, April 28, 2014.
•Significant Amendments to Canadian Export and Technology Transfer Controls, McCarthy Tetrault Legal Update, April 24, 2014.
•Quoted in Parts sent to Iran net Red Deer company $90,000 fine, by Jennifer Brown, Canadian Lawyer Magazine, April 21, 2014.
•Speaker, Winds of Change: Canada EU Comprehensive Economic and Trade Agreement (CETA) The 2014 CCCA National Conference, Canadian Corporate Counsel Association-Canada Bar Association, Calgary, April 8, 2014.
•Canadian Government Launches Consultations on Mandatory Payment Disclosure Rules, McCarthy Tetrault Legal Update, April 2, 2014.
•Speaker, The Growing Impact of Canadian Trade Controls: An Update on Economic Sanctions and Export Controls, Canada Committee of Section of International Law, American Bar Association, Toronto, March 26, 2014.
•Quoted in Sanctions against Russia Mean Greater Due Diligence, Risk Management, by Jennifer Brown, Canadian Lawyer Magazine, March 24, 2014.
•Speaker, CFPOA - The Defence Perspective, The Foreign Bribery Investigations Anti-Corruption Seminar of Royal Canadian Mounted Police RCMP, Airdrie, Alberta, March 19, 2014.
•New Canadian Economic Sanctions Measures Target Russian and Crimean Officials, McCarthy Tetrault Legal Update, March 18, 2014.
•Ukraine, Economic Sanctions and Trade, National Magazine, The Canadian Bar Association, March 17, 2014.
•Speaker, CFPOA - The Defence Perspective, The Foreign Bribery Investigations Anti-Corruption Seminar of Royal Canadian Mounted Police RCMP, Airdrie, Alberta, March 19, 2014.

 
ISLN909695352
 

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New CBSA Transfer Pricing Policy Creates Opportunities
John W. Boscariol,Robert A. Glasgow, April 7, 2015
Transfer pricing has been a favorite Canada Border Services Agency (CBSA) enforcement target for some time now. Payments made by importers because of income tax transfer pricing requirements can trigger obligations and liabilities under Canadian customs laws. This arises, for example, when CBSA...

Prohibited Compliance: Canada’s Latest Attack Against Buy America Causes Cancellation of U.S. Procurement
John W. Boscariol,Robert A. Glasgow,Brenda C. Swick,Tyler Wentzell, April 7, 2015
The Buy America legislation recently reared its ugly head on Canadian soil. On November 6, 2014, the Alaska Department of Transportation & Public Facilities issued an invitation to bid (ITB) for the removal and replacement of the ferry terminal facility in Prince Rupert, British Columbia, that...

Canada Introduces New Border Remedies to Address Importation of Counterfeit Products
John W. Boscariol,Robert A. Glasgow, April 2, 2015
In 2005, the retail value of counterfeit goods seized by the RCMP was $7.6 million. By 2012, this number had climbed to $38 million. Last year, the Canadian government passed the Combating Counterfeit Products Act (CCPA) to better address this increasingly prevalent issue. The CCPA included certain...



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John W. Boscariol

66 Wellington Street
TorontoON M5K 1E6




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