Thinking of bringing your favourite bottle of Canadian whisky over the border this Thanksgiving? Don’t risk it, says one Canadian expert.
Trump’s ban on most Canadian alcohol exports is “comprehensive,” international trade lawyer Rambod Behboodi said, and not to be trifled with.
“My approach with any time you try to cross the border, is minimize hassle,” he told CTVNews.ca on Thursday.
His comments follow more than a week after the ban, announced on Sept. 8, came into effect. The ban bars Canadian exports of more than 30 different alcohol products including packaged beer, sparkling wine, table wines, cider, sake and spirits such as whiskies, vodka and gin. It also barred different whey products, some types of molasses, non-alcoholic beer and some motorcycles.
Trump announced the ban in response to Canada’s retaliation measures on nearly $28 billion of U.S. imports, announced the same day.
A day before the ban was implemented, the Canadian Snowbird Association (CSA) put out its own advisory, warning those crossing the border to avoid packing Canadian alcoholic beverages and some dairy products for their trips.
Bringing alcohol over the border
The ban targets retail-sized packaging of alcohol with exemptions for bulk shipments.
“The better option is not to take any alcohol with you,” Behboodi said.
The CSA advised travellers to keep the ban in mind when crossing the border and to “check their vehicles, RVs and luggage.”
“Do not bring Canadian-origin products that are subject to the new import bans. All food, agricultural products and alcohol must be declared to U.S. Customs and Border Protection (CBP),” the organization warned.
The penalties
Most probably, the bottles will be seized and destroyed, Behboodi said.
The severity of the consequences depends on a few factors: whether the alcohol was declared, mistakenly carried over or intentionally smuggled.
“If the product hasn’t been declared, there’s a secondary inspection,” he said. “(If) the product is discovered and you genuinely cannot demonstrate that you didn’t know there was a ban,” there could be fines.
On Sept. 29, a truck carrying “over 1,000 bottles of spirits” was denied entry into the U.S. by border officials at the St. Stephen-Calais crossing between New Brunswick and Maine, despite the driver holding a U.S. customs permit.
Border officials said then the cargo violated the recently-implemented import restrictions.
Tensions between U.S. and Canada
Regardless of political climate, it’s never worth attempting to flout the law and less so for a bottle of alcohol.
“Don’t break the law over a bottle of rye or vodka or a two-four of beer,” Behboodi said. “It’s not worth it. Not to mention, just don’t break the law.”
He also strongly advised against taking a risk in the hopes of encountering a U.S. customs officer who may be more lax.
An officer “may,” for instance, believe that a traveller is acting in good faith if they can prove that a bottle was accidentally brought to the border.
“But would I actively take a product that is prohibited at the border in the hope that there is a customs officer who will look the other way? I wouldn’t,” Behboodi said.
Canada and the United States have been embroiled in a protracted tariff war after trade talks broke down in late August. On Aug. 21, Trump imposed 50 per cent tariffs on $28 billion of Canadian goods.
Canada-U.S. Trade Minister Dominic LeBlanc said on Sept. 29 that trade talks aren’t currently underway, but officials from both countries are still in contact.
“The basic rule of thumb is expect stricter, stronger enforcement at the border,” Behboodi said.
Bringing American booze into Canada
Most Canadian provinces, excluding Alberta and Saskatchewan, have instituted their own ban on retail stores selling U.S. alcohol.
The ban does not apply to travellers purchasing and bringing their own supplies of American-made alcohol into Canada.
“What you can expect at the border is, like anything else, if you’re within limits, it’s OK,” he said. “... If it’s above limits, then you pay duty and taxes that are applicable.”
With files from CTV News Atlantic’s Melanie Price and The Canadian Press
