Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Canada Continues To Impose Economic Sanctions Against Ivory Coast

Posted in Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, Uncategorized

globe and calculatorCanada imposed economic sanctions against Ivory Coast to implement United Nations Security Council Resolution 1572.  The multilateral economic sanctions are imposed pursuant to the United Nations Act and the United Nations Côte D’Ivoire Regulations.  However, on April 28, 2016, the United Nations unanimously adopted resolution 2283 (2016) deciding to terminate all arms, travel and financial sanctions against Ivory Coast with immediate effect.  Canada has done nothing to implement UN Security Council Resolution 2283 (2016).  In other words, the Canadian economic sanctions remain in effect despite the fact that the underlying UN Security Council Resolution has ended. Global Affairs must continue to apply the law as it is on the books.

Canada’s economic sanctions against Ivory Coast include:

  • a prohibition on the export of arms and related material to any person in Côte d’Ivoire;
  • a prohibition on the provision to any person in Ivory Coast of technical assistance related to military activities;
  • an assets freeze against persons designated by the UN committee established pursuant to paragraph 14 of Resolution 1572 (2004) (the “1572 Committee”), persons designated by the 1572 Committee who are acting on behalf of, or at the direction of, another person designated by the committee, and entities owned or controlled by a person designated by the 1572 Committee; and
  • a travel ban against persons designated by the 1572 Committee.

There are exceptions.

Other countries have ended their economic sanctions against Ivory Coast. For example, on September 14, 2016, President Obama lifted the U.S. sanctions against Ivory Coast.  The EU lifted their sanctions against the Ivory Coast in June 2016.

What this means is that Canadian businesses are not able to take advantage of business opportunities.  It also means that Canadian individuals working for U.S companies (who are no longer subject to US sanctions) may breach Canadian law when they comply with U.S. law.  There is an inconsistency between Canadian economic sanctions and other countries’ sanctions laws.

There is a real impact on Canadian businesses.  There is an increased burden.  There are divergent sanctions.  They must review numerous lists. There is increased risk.

For more information about Canada’s economic sanctions, please contact Cyndee Todgham Cherniak at 416-307-4168 or email cyndee@lexsage.com.