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Cliff Sosnow

Partner, Ottawa Office

Telephone  613-788-2233
Facsimile  613-788-2247
email
 

Profile

Cliff Sosnow is a Partner practising in the International Trade and Investment Group. He is recognized in Law Business Research's Who's Who Legal: Canada and The International Who's Who of Trade & Customs Lawyers, The Canadian Legal Lexpert Directory as a leading practitioner in international trade regulation, The Best Lawyers in Canada as a leading practitioner in international arbitration, Legal Media Group's Guide to the World's Leading International Trade Lawyers and is recommended in Chambers Global: The World's Leading Lawyers for Business as a leading practitioner in WTO (World Trade Organization)/international trade. Cliff advises leading corporations, governments and industry associations on global trade and investment issues, including compliance with international agreements (North American Free Trade Agreement (NAFTA), bilateral investment treaties, free trade agreements to which Canada is a party, and the WTO), foreign corrupt practices, sanctions, antidumping and countervailing duty and unfair subsidy claims, export/import licences, procurement disputes and customs. He litigates before NAFTA and WTO panels, the Canadian International Trade Tribunal and the Federal Court of Appeal, most recently on behalf of the United States Trade Representative and the U.S. Department of Justice in successfully defending a Canadian International Trade Tribunal decision against a challenge. He also regularly lobbies the Canadian government on behalf of global companies on free trade and bilateral investment treaty negotiations.

Cliff has served as senior counsel with the trade law division of the Canadian Department of International Trade, where he litigated on behalf of and provided opinion advice to the government on a wide range of complex international trade and investment issues. He represented Canada on several GATT (General Agreement on Tariffs and Trade) and WTO disputes, including Canada's first dispute before the WTO Appellate Body. Subsequent to his departure from the government, Cliff became the first Canadian private-sector lawyer to represent the Government of Canada in WTO litigation. He has also advised Canadian officials on the negotiation of the WTO Agreement on Basic Telecommunication Services, the WTO Financial Services Agreement, the Canada-Chile Free Trade Agreement and various provisions of the NAFTA, including the NAFTA chapter on dispute settlement.

Cliff also held the position of in-house counsel to the Canadian International Trade Tribunal. He advised on numerous trade law issues and litigated on behalf of the Tribunal before free trade agreement panels.

In light of Cliff's deep trade law expertise, the Asian Development Bank selected him as the only Canadian lawyer to join a team of international legal experts to work with senior Chinese government trade officials to review and revise China's trade laws to ensure compliance with WTO agreements.

Cliff has been asked to provide sophisticated and complex international trade and investment advice to some of Canada's most high-profile, regulated industries. He has advised a leading global commodities producer on the consistency of Egyptian regulation with the expropriation provisions of the Canada-Egypt Bilateral Investment Treaty. He also advised a mining company on the protections available under a bilateral investment treaty between Holland and Bolivia in light of a recent announcement by the Bolivian government of its intention to withdraw from the International Centre for Settlement of Investment. He has counselled a North American refinery association (one of the world's largest retailers), a Fortune 500 pharmaceutical company, a "Big Three" automobile manufacturer and a United States utility company on whether various NAFTA government regulations comply with NAFTA investment chapter obligations. Building on this expertise, Cliff most recently presided over a high-level conference panel of the Inter-Pacific Bar Association in Los Angeles in 2008 on Bilateral Investment Treaties: Lessons Learned from the Latin American Experience.

In addition, Cliff has advised Canadian and regional industry associations on the WTO consistency of numerous investment issues, including government proposals regarding the refundable tax-credit schemes, investment tax credits and accelerated tax depreciation for capital expenditures.

Cliff has appeared on Canadian television and radio, such as the Canadian Broadcasting Corporation, to speak on international trade and investment issues, and has been quoted in several Canadian newspapers and magazines, including the Globe and Mail, the National Post, Lexpert (a business magazine for lawyers) and Law Times. He also writes extensively on international trade and investment regulations, including developments regarding bilateral and NAFTA investment decisions, foreign investment restrictions, WTO rulings, export controls, antidumping and countervailing duty decisions, economic sanctions and a multiplicity of border issues.

Cliff has received the following recognition and/or holds the following positions:

  • Member on the editorial board of Kluwer Law International's Global Trade and Customs Journal
  • Member of the Canadian Chamber of Commerce 2010 Resolution Review Task Force
  • Member of the Trade Policy Business Advisory Group, a federally appointed group advising the government on Canada's international trade policy and negotiating agenda
  • Recipient of the Golden Jubilee Medal of Queen Elizabeth II that is given to Canadians who have made a significant contribution to their fellow citizens, their community or to Canada
  • Past chair of the Canadian Bar Association's National Section on International Law
  • Chair of the International Trade Law Committee of the Inter-Pacific Bar Association
  • Chair of the Board of Management of the Canada Europe Round Table for Business
  • Vice-chair of the Trade Committee of the BIAC (Business and Industry Advisory Committee to the Organisation for Economic Co-operation and Development)
  • Co-chair of the International Affairs Committee of the Canadian Chamber of Commerce
  • Past vice-chair of the Board of Directors of the Canadian Association of Importers and Exporters (I.E.Canada)
  • Former director on the Board of the Canadian Council on International Business and chair of the Council's Trade Policy Committee
  • Former director and treasurer of the Canadian Council on International Law
  • Former director on the board of the Multiple Sclerosis Society of Canada/Ontario Division


 
     
 

Areas of Law

International Trade & Investment
Foreign Investment Review
Procurement
Agribusiness & Food
India Practice
White Collar Crime
 
 

Education

Admitted to the Ontario Bar - 1987
LL.B., University of New Brunswick - 1985
B.Sc. (Neurobiology), McGill University - 1981
 
 

Media Appearances

Quoted - "The Canadian and European Free Trade Agreement", Article by James Swift, The Lawyer, February 1, 2010.

Quoted - "Trading on Thin Ice", Article by Sandra Rubin, Lexpert, pp. 62-63, March 2009.

Mentioned - "Recalls Lead to Stiff Trade Rules", Article by Jeremy Hainsworth, Canadian Lawyer Magazine, December 2008.

Mentioned - "Canadian Companies Demand FTA with India", The Economic Times (India), October 31, 2008.

Quoted - "Business As Usual", Article by Patti Ryan, National, Canadian Bar Association, Volume 17, No. 4, p. 29-35, June 2008.

Quoted - "Trade Litigation Beyond Softwood Lumber", Article by Marzena Czarnecka, The 2007 Lexpert Guide to the U.S./Canada Cross-border Litigation Lawyers in Canada, P. 36, November 2007.

Mentioned - "Big Suits Canadian", Article by Laura King, The American Lawyer, P. 67, October 2007.

Quoted - "Canada Poised To Tip Balance In 'Clash of Wills' Over Emissions", Article by Eric Reguly, The Globe and Mail, P. A4, June 4, 2007.

Quoted - "Prosperity For Whom, SPP Critics Demand", Article by Don Butler, Ottawa Citizen, April 27, 2007.

 
 

Recent Publications

Co-author - "Importance of Anti-Corruption Due Diligence for International Transactions", Blakes Bulletin on White Collar Crime, July 2010.

Co-author - "Canada Set to Enhance Export Permit Restrictions on Goods and Technology Potentially Useful in the Proliferation of Weapons", Blakes Bulletin on International Trade & Investment, July 2010.

Co-author - "Canada Signs FTA with Panama - Paves the Way to Bids on Panama Canal Authority Infrastructure Projects", Blakes Bulletin on International Trade & Investment, June 2010.

Co-author - "International Legal Developments in Review: 2009 - Canada", The International Lawyer, A Quarterly Publication of the ABA/Section of International Law, pp. 613-629, Vol. 44, No. 1, Spring 2010.

Co-author - "Consultation on Cryptography Exemption to Licensing of Exports of Information Security Technology", Blakes Bulletin on International Trade & Investment, April 2010.

Co-author - "Canadian International Trade and Investment Priorities: Budget 2010 and the Throne Speech", Blakes Bulletin on International Trade & Investment, March 2010; also published in The In-House Lawyer, May 2010.

Co-author - "The "Buy American" Agreement: Opening Up the Canadian and U.S. Procurement Markets", Blakes Bulletin on International Trade & Investment, March 2010.

Co-author - "Canada-U.S. "Buy American" Agreement", Blakes Bulletin on International Trade & Investment, February 2010.

Co-author - "World Trade Organization: 2009 China Decisions Break Important Ground", Blakes Bulletin on International Trade & Investment - China Focus, December 2009; also published in Canadian International Lawyer, Vol. 8, No. 1 (2009).

Co-author - "Foreign Suppliers Cannot Use Agreement on Internal Trade to Launch Procurement Complaint", Published in International Law Office, Trade & Customs, Canada, November 20, 2009; also in Blakes Bulletin on International Trade & Investment, November 2009.

Co-author - "Government of Canada Tables Text of Canada-Jordan Free Trade Agreement", Published in International Law Office, Trade & Customs, Canada, October 2, 2009; also published in Blakes Bulletin on International Trade & Investment, September 2009.

Co-author - "Canadian Sanctions Legislation - How It Impacts Your Business", North American Free Trade & Investment Report, Vol. 19, No. 9, pp. 14-16, May 15, 2009; also published in Blakes Bulletin on Financial Services/International Trade & Investment, May 2009.

Co-author - "Canada and India Explore a Comprehensive Economic Partnership Agreement", Blakes Bulletin on International Trade & Investment, May 2009.

Co-author - "The Anti-Counterfeiting Agreement - A Work in Progress?", Blakes Bulletin on International Trade & Investment/Intellectual Property, April 2009.

Co-author - Balancing Act - Anti-Bribery Laws in International Business", Ontario Bar Association's The Globetrotter Magazine, Vol. 13, No. 2, March 2009.

Co-author - "Federal Budget Proposes Measures to Stimulate International Trade", International Law Office, Trade & Customs, Canada, February 6, 2009; also published in Blakes Bulletin on International Trade & Investment, January 2009.

Co-author - "Balancing Act - Anti-Bribery Laws in International Business", Presented at Luncheon Speaker Series, Canadian Centre for Ethics and Corporate Policy / Transparency International Canada, Toronto, Ontario, February 5, 2009.

Co-author - "State-Owned Enterprises, National Security and Investment Canada Act: How Far Can Proposed Amendments Go?", Blakes Bulletin on International Trade & Investment-China Focus, January 2009.

Co-author - "Food Safety Legislation: A Continuing Concern of the Canadian Government, Importers and Chinese Suppliers", Blakes Bulletin on International Trade & Investment-China Focus, January 2009.

Co-author - "Canada's Newly Elected Conservative Government's International Trade and Investment Agenda", The In-House Lawyer, Issue No. 166, P. 102-103, December 2008/January 2009.

Co-author - "Canada and EU Conclude Historic Multiphase Air Transport Agreement", Blakes Bulletin on International Trade & Investment, December 2008.

Co-author - "Canada to Deepen Trade Relations with the European Union", North American Free Trade & Investment Report, Vol. 18, No. 19, October 31, 2008; also published in Blakes Bulletin on International Trade, October 2008; also published in International Law Office, Trade & Customs, Canada, November 14, 2008.

Co-author - "Canada’s Trade and Investment Agenda: A Fresh Commitment from Government to Open Markets at Home and Abroad", Blakes Bulletin on International Trade, November 2008.

Co-author - Canada's Free Trade Agenda: A World of Opportunities for Global Supply Chains", I.E.Global Fall 2008, pp. 15-18, September 2008.

Co-author - "Canada Levies Targeted Economic Sanctions Against Zimbabwe", Blakes Bulletin on International Trade, September 2008.

Co-author - "Sovereign Wealth Funds -- Investor White Knight or Geopolitical Threat?", InsideCounsel, p. 37, August 2008.

Co-author - "Consultation Announced for Special Agricultural Safeguard", Blakes Bulletin on International Trade, August 2008; also published in International Law Office, Trade & Customs, Canada, September 5, 2008.

Co-author - "Ottawa Sends Importers A Clear Message: Know Your Products", North American Free Trade & Investment Report, Vol. 18, No. 15, August 15, 2008; also published in Blakes Bulletin on International Trade, August 2008.

Co-author - "Canada Places Restrictions on Relations with Zimbabwe", Blakes Bulletin on International Trade, July 2008.

Co-author - "Competition Review Panel Report", Blakes Bulletin on Competition Law, June 2008.

Co-author - "Canada Concludes Free Trade Deal with Colombia", Blakes Bulletin on International Trade, June 2008.

Co-author - "North American Free Trade Agreement: Overview", The Handbook of Trade Enforcement 2008, Global Competition Review, p. 21-26, April 2008.

Co-author - "Budget 2008: The Trade and Border Security Agenda", Blakes Bulletin on International Trade, March 2008.

Co-author - "Real Estate Investment in India: Canada-India Investment Treaty as a Conduit for US Investors", Real Estate Finance, Vol. 24, No. 5, pp. 5-8, February 2008.

Co-author - "Federal Court of Appeal Gives Teeth to CITT Procurement Review Process ", Blakes Bulletin on International Trade, February 2008.

Co-author - "No Clarity in New Guidelines for Foreign State-owned Enterprises ", Blakes Bulletin on International Trade, February 2008; also published in North American Free Trade & Investment Report, February 28, 2008.

Co-author - "Recent Changes Proposed to WTO Anti-Dumping Agreement and Subsidies and Countervailing Measures Agreement", Blakes Bulletin on International Trade, February 2008, also published in Commonwealth Secretariat online newsletter, February 2008.

Co-author - "Canadian Exporters of Goods and Services Being Sold to Lebanon Should Proceed with Caution ", Blakes Bulletin on International Trade, February 2008.

Co-author - "The IP-Related Issues: A New Front for US-Canada Trade Disputes?", Intellectual Property & Technology Law Journal, Vol. 19, No. 12, P.14, December, 2007.

Co-author - "Spotlight on Chinese Subsidies", Blakes Bulletin on International Trade: Focus on China, November 2007; also published in Blakes Business with Canada - December 2007 Edition and in China Success Stories, January 14, 2008.

Co-author - "Foreign State-Owned Investors Spark "National Security" Concerns", Blakes Bulletin on International Trade, October 2007; also published in North American Free Trade & Investment Report, Vol. 17, No. 19, P. 1, October 31, 2007.

Co-author - "The NAFTA: A Free Trade Agreement Writ Large", The 2007 Handbook of Trade Enforcement, Global Competition Review, P. 23-28, October 2007.

Co-author - "Canada-India Investment Protection Treaty - A Conduit for U.S. Investments in India", Blakes Bulletin on International Trade - Focus on India, October 2007.

Co-author - "The UPS Decision - Victory or Temporary Relief For NAFTA Governments?", Blakes Bulletin on International Trade, August 2007; also published in The Globetrotter, Vol. 12, No. 1, P. 3-5, August 2007.

Co-author - "Emerging Issues In Trade Litigation between Canada and the United States", North American Free Trade & Investment Report, Vol. 17, No. 14, P. 1, July 31, 2007.

Co-author - "Canada and the EFTA States Conclude Free Trade Agreement", North American Free Trade & Investment Report, Vol. 17, No. 13, P. 8, July 15, 2007.

Co-author - "Corn Growers Case: High Deference to Trade Tribunal's Expertise", Blakes Bulletin on Litigation and International Trade, July 2007.

Co-author - "Recent Developments of Importance - International Trade Regulation", P. B-430, 2007 Lexpert Directory.

Co-author - "Emerging Issues in Trade Litigation Between Canada and the United States", Blakes Bulletin on International Trade, June 2007.

Co-author - "Canada and the EFTA States Conclude Free Trade Agreement", Blakes Bulletin on International Trade, June 2007.

Co-author - "International Trade Recap", ACC Docket, Special Supplement, P. 1-7, May 2007.

Author - "Caution to Exporters on Transactions Involving The Democratic People’s Republic of Korea", Blakes Bulletin on International Trade, March 2007.

Author - "Impact of the International Traffic In Arms Regulations on Canadian Dual Nationals", Blakes Bulletin on International Trade, March 2007.

Co-author - "Auto Parts Industry is Driving China to its First WTO Dispute", Blakes Bulletin on International Trade - China Focus, December 2006.

 
 

Recent Professional Activities

Moderator - "Cross-Border Law Reforms - Change in Investment Climate", Inter-Pacific Bar Association 20th Annual Conference, Singapore, May 4, 2010.

Judge - "European Law Students' Association (ELSA) Moot Court Competition on WTO Law", Final Round, University of Ottawa, Faculty of Law, Ottawa, Ontario, March 20, 2010.

Moderator - "An Update on Canada's International Trade Agenda", International Trade Day, The Canadian Chamber of Commerce, Ottawa, Ontario, June 3, 2009.

Moderator - "Dealing with Corruption and Illegal Matters Affecting Cross-Border Investment", Inter-Pacific Bar Association 19th Annual Conference, Manila, Philippines, May 1, 2009.

Speaker - "International Dimensions of Anti-Bribery Laws", International Mining and Oil & Gas Law, Development, and Investment, Rocky Mountain Mineral Law Foundation Conference, Buenos Aires, Argentina, April 22, 2009.

Speaker - " Balancing Act - Anti-Bribery Laws in International Business", Luncheon Speaker Series, Canadian Centre for Ethics and Corporate Policy / Transparency International Canada, Toronto, Ontario, February 5, 2009.

Speaker - "Canada - India FIPPA: A Legal Primer", Canada - India Free Trade: Life after FIPPA, Canada-India Business Council (BC Chapter), Vancouver, British Columbia, September 16, 2008.

Moderator - "Views from the Private Sector: What's in it for the Business Community?", Canada and the EU: Prospects for a Closer Economic Partnership, Public Policy Forum High-Level Conference, Ottawa, Ontario, May 15, 2008.

Moderator - "Bilateral Investment Treaties: Lessons Learned from the Latin American Experience", Inter-Pacific Bar Association 18th Annual Meeting and Conference, Los Angeles, USA, April 27-30, 2008.

Co-chair - "International Affairs Committee Trade Policy Roundtable", The Canadian Chamber of Commerce, Ottawa, Ontario, April 24, 2008.

Appearance (House of Commons) - "Study of Canada - U.S. Trade and Investment Issues and the Security and Prosperity Partnership of North America", Testimony as Representative of the Canadian Chamber of Commerce before the House of Commons Standing Committee on International Trade, Ottawa, Canada, April 26, 2007.

Moderator - "How China Views and Regulates Foreign Technologies", Inter-Pacific Bar Association 17th Annual Meeting and Conference, Beijing, China, April 20-23, 2007.

Moderator - "Regulations and Investment: Understanding the Different Environment", Canadian Chamber of Commerce India Business Forum, Toronto, Ontario, February 5, 2007.

Moderator - "Dealing with Export Controls, Economic Sanction & Trade Barriers", Aerospace Industries Association of Canada AGM and Conference, Ottawa, Ontario, September 25-27, 2006.

Moderator - "Investment Treaties and International Trade: Trade and Investment and the Use of BITS and the WTO Instruments in Structuring Deals and Planning", Trade and Customs Law Session, International Bar Association 2006 Conference, Chicago, USA, September 17-22, 2006.

 
     
     
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