PROFILE

Daniel Kiselbach is a litigator and partner in the Vancouver office of Miller Thomson.  He has provided advice and representation to corporations, individuals and government agencies in customs, excise, trade and taxation matters, including the following:

• Customs and tax litigation in the Tax Court of Canada, the Supreme Court of British Columbia, the Court of Appeal for British Columbia, the Federal Court, the Federal Court of Appeal and the Supreme Court of Canada
  
  
• Administrative appeals of customs decisions to forfeit goods or ascertain as amounts as forfeit
  
  
• Administrative appeals of penalties under the Administrative Monetary Penalty System (“AMPS”)
  
  
• Administrative appeals of decisions respecting the classification, valuation, origin or tariff treatment of goods to appeals officers, the Canadian International Trade Tribunal and the Federal Court-of Appeal
  
  
• Duty and import tax minimization planning
  
  
• Distribution agreements
  
  
• The Special Import Measures Act, anti-dumping, countervailing and provisional duties
  
  
• Marking for country of origin of goods regulations
  
  
• Customs assessment reviews, verifications, audits and self-assessments
  
  
  Detention of counterfeit goods under the provisions of the Copyright Act
  
  
• Customs brokers licensing regulations
  
  
• Duty-free shops and warehouses, duty deferral, drawbacks and related issues
  
  
• The import and export of prohibited goods
  
  
• Applications for remission of duty and tax
  
  
• Export compliance including export permits and declarations
  
  
• The defence of charges brought under the Customs Act and related customs and trade legislation
  
  
• Extradition Act proceedings based upon foreign customs and trade offence allegations 

Mr. Kiselbach has lectured at the university and college levels on criminal procedure and evidence. He has also given presentations to business groups on customs, trade and taxation.  In 2008, he was appointed to the British Columbia Employment and Assistance Appeal Tribunal

Education

• LL.B., Osgoode Hall Law School, 1989
• B.A., Simon Fraser University, 1983
• Canadian Institute of Chartered Accountants In Depth Tax Course, Part I and II, 2003 – 2005

Publications

• “Doing Business in Brazil: Canadian Tax, Customs and Export Considerations”, IE Canada Seminar: Doing Business in Brazil (November 2009)
  
  
• “CBSA Inspection of Mail, Searches at the Border, and Computer Searches”, Canadian Corporate Counsel (September 2009)
  
  
• “Compliance Audits”, CSCB BC Region Annual Conference (June 2009)
  
  
• “Is Your Company Prepared for New Environmental Enforcement?”, Eco Bulletin (May 2009) 
  
  
• “Bringing Customs Issues to the CFO's Attention: Transfer Pricing and Value for Duty”, I.E. Canada's 18th Annual Conference (April 2009)
  
  
• “The Long Arm of the Minister of National Revenue: Requiring Production of Information Located Outside Canada”, published in ABA International Trade Committee Newsletter (Winter 2009), Tradeweek (January 2009), Miller Thomson’s ICC Bulletin (February 2009), and Miller Thomson’s Criminal Regulation & Enforcement Newsletter (April 2009)
  
  
• Business Laws of Canada (contributing author), 2009

 Directorships

• Co-Chair, Canadian Association of Importers and Exporters (BC Chapter)

Memberships

• Member, American Bar Association (International Law Section, Customs, Immigration and International Trade Committees)
• Member, Canadian Society of Customs Brokers
• Member, Alliance of Manufacturers and Exporters Canada
• Member, British Columbia Shippers' Council
• Member, International Bar Association (Anti-Trust and Trade Law Committee)
• Member, Canadian Transportation Lawyers Association
• Member, BC Aviation Council
• Member, Canadian American Business Council
• Member, Mexican Business Association of Canada