Export Controls & Economic Sanctions

Persons who are registered with the Controlled Goods Directorate must notify the Minister of Public Services and Procurement of any actual or potential data breach within 3 days of discovery of the breach.  Since the requirement includes potential data breaches, Controlled Goods Registrants should report any hacking incidents, potential data breaches, employees taking company data,

On October 15, 2019, Global Affairs Canada informed reporters that new export permits of military equipment and technology and brokering permits in respect of goods destined for Turkey would not be approved.  There was not a formal Notice of Exporters (possibly because Canada’s federal election campaign was underway – election was held on October 21st).

Canadian companies whose business operations involve Controlled Goods must report changes to their Controlled Goods Directorate registration before an acquisition. This means that companies and their in-house and outside lawyers must ensure that the closing checklist includes the Controlled Goods Directorate reporting requirement. The due diligence checklist should also include questions about Controlled Goods registrations

Canada has implemented economic sanctions to suppress international terrorism under three complimentary legal mechanisms:

1. The United Nations Al-Qaida and Taliban Regulations, imposed pursuant to the United Nations Act;

2. The Regulations Implementing the United Nations Resolutions on the Suppression of Terrorism, also imposed pursuant to the United Nations Act; and

The use of cannabis is legal in Canada. The Cannabis Act, Bill C-45, was passed by Canada’s House of Commons on November 27, 2018 and the Senate on June 7, 2018.  Bill C-45 received royal assent on June 21, 2018.  Most provisions of the Cannabis Act entered into force on October 17, 2018.

It has been a busy year in Canada for export controls and economic sanctions developments. As a result, we are posting an H1 2019 report. The top 10 developments in H1 2019 are:

1. Canada will implement the brokering rules on September 1, 2019. Bill C-47 “An Act to amend the Export and Import Permits

On July 10, 2019, Bill C-21 “An Act to amend the Customs Act” entered into effect. On July 10, 2019, the Governor in Council published in the Canada Gazette, Part II, SI-2019-44 “Order Fixing the day on which this Order is made as the day on which that Act comes into Force” (PC-2019-904) and

On July 8, 2019, the Canada Border Services Agency (“CBSA”) issued Customs Notice 19-14 “Mandatory electronic export reporting for exporters” in which it announced paper reporting will end on June 30, 2020.  Canadian exporters will not longer be able to file Form B13A to report exports.

As of June 30, 2020, it will be mandatory

On July 3, 2019, the Globe & Mail reported in an article entitled “Ottawa recommends RCMP investigate Canadian lobby firm representing Sudanese military” that the Royal Canadian Mounted Police (“RCMP”) has opened an investigation into whether Dickens & Madson (Canada) Inc. had violated Canada’s economic sanctions against Sudan.  Globe & Mail reporting and an Amnesty

On June 21, 2019, the Government of Canada announced that it was implementing/imposing economic sanctions against nine Nicaraguan officials in response to ongoing gross and systematic human rights violations by the Government of Nicaragua. The economic sanctions and trade restrictions were imposed under the Special Economic Measures Act.  Similar sanctions were imposed by the