Trade Facilitation and Trade Enforcement Act (TFTEA)

The Trade Facilitation and Trade Enforcement Act (TFTEA) is U.S. legislation from 2015 that governs American customs operations and trade enforcement. It's not Canadian law. But you'll run into it when dealing with cross-border procurement involving American suppliers or when Canadian government contracts require goods to transit through U.S. customs. Understanding this Act matters because it affects how your international supply chains operate, particularly when coordinating with U.S. vendors or managing duty drawback claims.

How It Works

The TFTEA doesn't appear in the Government of Canada Supply Manual—it's American legislation, after all. But if you're a procurement officer at PSPC or DND working on contracts that involve U.S. suppliers or American customs territory, this Act shapes how goods move across the border.

The Act modernized U.S. Customs and Border Protection procedures, including electronic filing requirements and enforcement mechanisms against trade violations like dumping or counterfeit goods. When Canadian government contracts involve components manufactured in the U.S., or when delivery routes require border crossings, American customs clearance falls under TFTEA provisions. This affects your delivery timelines and compliance requirements, even though you're working squarely within Canadian procurement frameworks.

Here's where it gets practical: the enforcement provisions can delay shipments if U.S. customs flags potential violations. Say you're managing a contract for SSC involving network equipment with components from multiple countries—U.S. customs might scrutinize country-of-origin declarations more carefully under TFTEA's enhanced enforcement mandates. Your suppliers need to understand these requirements, particularly regarding accurate trade documentation and compliance with U.S. antidumping duties.

Key Considerations

• Border delays aren't always visible: Even though TFTEA is U.S. law, it can impact your Canadian procurement schedules when goods transit through American ports or cross the border. Build buffer time into delivery schedules for contracts involving U.S. routes.

• Documentation requirements differ: U.S. customs documentation under TFTEA may require more detailed supplier information than Canadian import requirements. Your vendors need to meet both jurisdictions' standards, which means double-checking paperwork before shipment.

• Enforcement actions have procurement implications: If TFTEA enforcement results in seizures or penalties against a supplier's goods, it affects their ability to fulfill Canadian government contracts, even if the Canadian side is completely compliant.

• No Treasury Board guidance exists: Since this is foreign legislation, you won't find Treasury Board policies addressing it directly. Your procurement team needs to work with legal counsel and customs brokers to understand implications for specific contracts.

Related Terms

North American Free Trade Agreement (NAFTA)/CUSMA, Customs Compliance, Country of Origin Requirements, International Trade Law, Cross-Border Procurement

Sources

• Government of Canada Supply Manual - Official federal procurement policy and procedures

• U.S. Customs and Border Protection - Trade Facilitation and Trade Enforcement Act resources

When managing contracts with cross-border elements, coordinate early with your logistics team and customs brokers to identify TFTEA compliance requirements that might affect Canadian government procurement timelines.