Canada
Looking back over the last 12 months, the level of activity in the area of export controls, economic sanctions and trade restrictions in Canada is somewhat surprising. Canada is usually rather quiet and there is not a lot to report. The last 12 months are different and we are seeing activity at Global Affairs, Export Controls Division, Global Affairs, Export Controls, the Canada Border Services Agency (“CBSA”), the Royal Canadian Mounted Police (Canada’s federal police force) (“RCMP”), the Federal Court of Canada, the Minister of Foreign Affairs and the Minister of International Trade.
- October 13, 2015 – RCMP charged 2 individuals with conspiracy to export ECL goods to Iran
(Romic Marc Rail) - November 26, 2015 – Canada Border Services Agency issued CN-15-035 “Voluntary Disclosure of Unreported Goods Transiting Through US to a Subsequent Country”
- December 18, 2015 – Canada’s Federal Court released Master Tech decision
- February 1, 2016 – CBSA stopped male at Rainbow Bridge and find waybill re shipment of gun parts to Iraq
- February 3, 2016 – Canada’s Auditor General released Report – “Controlling Exports at the Border”
- February 5, 2016 – Global Affairs amended economic sanctions against Iran (released Notice to Exporters 196)
- February 29, 2016 – RCMP charged 4 individuals with illegal export of goods and technologies to China (Teledyne)
- March 2, 2016 – Canada co-sponsors UN Security Council Resolution 2270 regarding North Korea;
- March 3, 2016 – Foreign Affairs Minister announced new sanctions against North Korea
- March 10, 2016 – Canada published Regulations Amending the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations
- March 18, 2016 – Global Affairs announced amendments to Russia economic sanctions
- March 25, 2016 – Parliamentary Motion regarding imposition of Magnitsky sanctions (not legislation)
- March 26, 2016 – Memo to Minister of Foreign Affairs regarding General Dynamics transaction with Saudi Arabia
- April 1, 2016 – CBSA announced it will be changing export program
- April 11, 2016 – Record of Decision regarding proceeding with General Dynamics deal with Suadi Arabia
- May 7, 2016: Global Affairs announces Canada to remove Belarus from Area Control List
- May 10, 2016 – The Federal Court issues the Karahroudi v. The Minister of Citizenship and Immigration judicial review decision
- May 13, 2016 – Global Affairs publishes Notice to Exporters 197 “Exports of items listed on the ECL to Belarus
- May 31, 2016 – CBSA announced that it intercepted illegal export of guns to Iraq
- June 15, 2016 – Gov’t tabled Bill C-21 “An Act to amend the Customs Act”, which includes new export smuggling offence
- June 30, 2016 – Global Affairs published Annual Report for the Year 2015: Annual Report re EIPA
- June 30, 2016 – Global Affairs published Annual Report for the Year 2014: Annual Report to Parliament re EIPA
- June 30, 2016 – Foreign Affairs Minister and Trade Minister issued press release Canada to accede to United Nations Arms Trade Treaty
- July 5, 2016 – Global Affairs published “Report on Exports of Military Goods from Canada 2015”
- July 5, 2016 – Global Affairs published “Report on Exports of Military Goods from Canada 2014”
- August 19, 2016 – CBSA posted Checklist for Exporting Commercial Goods from Canada and Step-by-Step Guide to Exporting Commercial Goods from Canada
- August 30, 2016 – The Federal Court of Canada issues Sajid v. The Minister of Citizenship and Immigration judicial review decision
- September 9, 2016 – reports that RCMP is investigating Streit Group transactions in Libya and South Sudan
More activity is expected in the Fall of 2016. We expect to see new legislation to implement requirements in the UN Arms Trade Treaty into Canadian domestic laws. We will be watching what else is on the horizon.
For more information about Canada’s export controls and economic sanctions laws, please call Cyndee Todgham Cherniak at 416-307-4168 or email cyndee@lexsage.com. Also go to www.lexsage.com.