Export and Import Permits Act

Canadian parliamentOn January 24, 2017, the Federal Court of Canada issued its judicial review decision in Daniel Turp v. The Minister of Foreign Affairs, T-462-16.  The Federal Court dismissed an application for judicial review of the decision of the Minister of Foreign Affairs to approve an export permit in respect of the export of General

Canada

Businessman with World Map Globe.

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,

Canada

Canadian parliamentOn June 30, 2016, Canada’s Global Affairs Minister Dion and International Trade Minister Freeland issued a joint Press Release that announced that the United Nations Arms Trade Treaty (“ATT”) was tabled in the House of Commons and that Canada planned to accede to the ATT.  Apparently, the ATT was tabled in the House of

facts and magnifying glassOn June 30, 2016, Global Affairs Minister Dion released the “Annual Report for the Year 2015: Annual Report to Parliament on the Administration of the Export and Import Permits Act” and the “Annual Report for the Year 2014: Annual Report to Parliament on the Administration of the Export and Import Permits Act

Gavel and Scales of JusticeOn June 15, 2016, the Government of Canada introduced Bill C-21 “An Act to amend the Customs Act” in the House of Commons. The amendments to the Customs Act focus on exports of people and goods.  Many of the amendments deal with the gathering of information about the export of goods and people.  However, one

IMPORT red stamp

The Government of Canada (in particular, Global Affairs Canada, the Canada Border Services Agency, and the Canadian Food Inspection Agency) may pursue directors and officers of a corporation who fail to obtain the required import permits, licenses and certifications. Corporations cannot act on their own.  Individuals make decisions that cause the corporation to take actions.

cowFrom time to time, importers who import dairy products (e.g., cheese, milk, butter) pursuant to the Import For Re-Export Program (IREP) may have a dispute with the Department of Global Affairs Canada (formerly DFATD and DFAIT) or the Canada Border Services Agency. Pursuant to the IREP Program, Canadian processors may obtain approval from Global Affairs

iStock_000019169483XSmallOn May 7, 2016, Global Affairs Canada (formerly known as DFATD and DFAIT) made an announcement that Canada plans to legally remove Belarus from the Area Control List. Belarus has been on the Area Control List since December 14, 2006.  When this occurs, only North Korea will remain on the Area Control List.

The

SONY DSC

On February 2, 2016, Canada’s Auditor General released “Report 2 – Controlling Exports at the Border“, which looks at whether the Canada Border Services Agency (“CBSA”) had the necessary in formation, practices and controls at the border to implement its export enforcement priorities.  What is interesting about this report is that it talks