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

Tag Archives: Iran

America First – America Alone?

Posted in Corporate Counsel, Customs Law, Export Controls & Economic Sanctions, Legal Developments, Politics, Trade Remedies

Originally published by the Journal of Commerce in May 2018 The White House website defines the foreign policy of the Trump Administration as follows: “President Trump is bolstering American influence by leading a coalition of strong and independent nations to promote security, prosperity, and peace both within America’s borders and beyond. The promise of a… Continue Reading

Trump’s withdrawal from the Iran JCPOA Deal: What does this mean for Canadian companies and trusts?

Posted in Aerospace & Defence, Corporate Counsel, Cross-border trade, Export Controls & Economic Sanctions, Exports, U.S. Federal Government

On May 8, 2018, U.S. President Donald Trump announced that the U.S. will withdraw from the Joint Comprehensive Plan of Action (“JCPOA”) with Iran. Canada was not a party to the JCPOA.  So, the U.S. being in or out of the JCPOA does not affect Canada directly. That being said, President Trump’s decision has consequences… Continue Reading

Should Canada add a books and records provision to export controls and economic sanctions laws?

Posted in Border Security, Canada's Federal Government, Corporate Counsel, Cross-border trade, Cryptocurrencies, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption

Countries, such as North Korea, Iran and Russia, may attempt to hide activities by using cryptocurrencies (such as Bitcoin). While the underlying activity of selling controlled goods or dealing with designated persons is illegal (under Canadian export laws) without an export permit/ministerial authorization, a secondary issue is enforcement.  Enforcement tools directed at “following the money”… Continue Reading

Trump’s New Travel Restrictions May Affect Canadian NEXUS Cardholders From Travel Ban Countries

Posted in Immigration law, NEXUS, U.S. Federal Government

On September 24, 2017, President Trump issued “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (the Presidential Proclamation”) which should make Canadian dual-nationals and Canadian permanent residents from Venezuela, Chad (and North Korea, if any) with NEXUS cards nervous. Venezuela, Chad and North Korea are… Continue Reading

What is in a Name?

Posted in Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Government Procurement, Imports Restrictions, Legal Developments, Trade Agreeements, Trade Remedies, Uncategorized

Originally published by the Journal of Commerce in August 2017. We are now a few months (almost 7) into Mr. Trump’s Presidency and it is still not clear  – what is the Administration’s trade policy?   The general press is rife with stories about the warring factions within the Administration – those who xenophobically want to… Continue Reading

Don’t Be Surprised If The Components Of Your Good Being Shipped Triggers Export Controls Or Economic Sanctions Concerns

Posted in Export Controls & Economic Sanctions

We often receive calls from small and medium sized businesses who receive word from the Canada Border Services Agency (“CBSA”) that their to-be exported goods have been detained and that the file has been referred to Global Affairs Canada, Export Controls Division for review against Canada’s export controls and economic sanctions laws.  This happens most… Continue Reading

Canada Continues To List Iran And Syria As States Who Support Terrorism

Posted in Canada's Federal Government

On July 1, 2017, Canada’s Minister of Foreign Affairs posted an order in the Canada Gazette that the Islamic Republic of Iran and the Syrian Arab Republic will remain listed as foreign state supporters of terrorism in the Schedule to the Order Establishing a List of Foreign State Supporters of Terrorism.  Pursuant to the State… Continue Reading

Compliance Confusion !!!!

Posted in Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Exports, Legal Developments

Originally published by the Journal of Commerce in June 2017 Even in the current environment, there remains massive confusion about what is and is not permitted under U.S. law when it comes to trading with Cuba and Iran.  The President is expected in the next few days to reverse some of the openings created by… Continue Reading

Iran Sanctions – Tit for Tat?

Posted in Aerospace & Defence, Agriculture, Border Security, Controlled Goods Program, Corporate Counsel, Criminal Law, Cross-border deals, Cross-border trade, Environment, Export Controls & Economic Sanctions, Exports, Government Procurement, Harmonization, Immigration law, Imports Restrictions, Legal Developments, Politics, Trade Agreeements, Trade Remedies, World Trade Organization

On Sunday, March 26, 2017, the Iranian State Agency (IRNA) announced the imposition of sanctions by Iran on 15 American companies.  While the move is widely seen as Iran responding to recent and on-going enforcement action taken in the U.S., such action is certainly creating ever more complex circumstances in the region. In explaining the… Continue Reading

Canadian Senate Bill Takes Firm Position On Iran Sanctions And Could Add To Sanctions List

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

Canada’s Senate is currently considering Bill S-219 “An Act to deter Iran-sponsored terrorism, incitement to hatred, and human rights violations” (to be called “Non-Nuclear Sanctions Against Iran Act“) which has received little attention. Bill S-219 will, if passed into law, ensure that Canada has the most restrictive economic sanctions regime against Iran of all countries in the World…. Continue Reading

What Is A Ministerial Authorization To Transact With A Sanctioned Country/Person?

Posted in Export Controls & Economic Sanctions, Exports

Canada imposes various economic sanctions and trade restrictions pursuant to the United Nations Act (“UNA”) and the Special Economic Measures Act (“SEMA”). The specific sanctions are implemented in country specific or targeted regulations.  That being said, most regulations promulgated under SEMA have a sister regulation that grants authority to the Minister of Foreign Affairs and/or… Continue Reading

U.S. Cancelling NEXUS Cards Of Canadian Dual-Nationals

Posted in Border Security, NEXUS, U.S. Federal Government

We have heard a number of reports that the United States Department of Homeland Security is notifying Canadian NEXUS Card holders with dual nationality from certain countries (Iran, Iraq, Libya, Syria, Somalia, Sudan and Yemen) that their NEXUS Membership has been cancelled because they “no longer meet eligibility criteria”.  There may be other nationalities as… Continue Reading

Ten Compliance Problems Canadian Companies Face In Complying With Canada’s Economic Sanctions Laws

Posted in Canada's Federal Government, Cross-border deals, Cross-border trade, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption

Canadian companies are required to comply with Canada’s economic sanctions laws – and it is not an easy task. Currently, Canada imposes multi-lateral economic sanctions pursuant to the United Nations Act against 16 countries (Central African Republic, Democratic Republic of Congo, Eritrea, Ivory Coast, Iran, Iraq, Lebanon, Liberia, Libya, North Korea, Sierra Leone, Somalia, South… Continue Reading

NEXUS Card Holders From 7 Entry Ban Countries Could Lose Status If Travel To USA

Posted in NEXUS

President Donald Trump signed an Executive Order on January 27, 2017 placing a 90 day ban on entry into the United States of individuals from 7 countries – Iran, Iraq, Libya, Syria, Somalia, Sudan and Yemen.  This could pose a problem for individuals in Canada who have previously been approved for the NEXUS trusted traveler program…. Continue Reading

Canada’s Economic Sanctions Against Iran Pose Difficulties For Some Canadian Companies

Posted in Cross-border trade, Export Controls & Economic Sanctions

Canada continues to impose unilateral economic sanctions against Iran.  Most Canadian companies believe that the economic sanctions do not impact their business activities.  However, when I ask “Do the goods you wish to export to Iran include aluminum, stainless steel or silver?”, I see shocked faces.  The reason why this question is important is that… Continue Reading

Canada’s Level Of Activity In The Area Of Export Controls and Economic Sanctions May Surprise You

Posted in Border Security, Canada's Federal Government, Export Controls & Economic Sanctions, Exports

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… Continue Reading

Canada’s Economic Sanctions And Admissibility Into Canada: Employees Of Designated Companies May Not Get Into Canada

Posted in Border Security, Export Controls & Economic Sanctions, Immigration law

An employee of a designated entity under Canada’s economic sanctions laws may be determined to be inadmissible into Canada and denied entry due to concerns that their employer is subject to sanctions.  In addition, an employee of an entity that is covered by economic sanctions of another country or countries (e.g., the United States, the… Continue Reading

Russia vs Iran: Which Country Faces More Severe Canadian Economic Sanctions?

Posted in Aerospace & Defence, Border Security, Canada's Federal Government, Controlled Goods Program, Cross-border trade, Export Controls & Economic Sanctions, Exports

Canada imposes unilateral economic sanctions against both Russia and Iran pursuant to the Special Economic Measures (Russia) Regulations and Special Economic Measures (Iran) Regulations, respectively.  It was not long ago that Canadian export controls lawyers were saying that Canada imposed its most strict sanctions against Iran.  However, on February 5, 2016, Canada lifted some of… Continue Reading

6 Most Frequently Asked Questions About Canada’s Economic Sanctions Against Iran

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

On February 5, 2016, Foreign Affairs Minister Dion announced that “Canada amends sanctions against Iran” and regulatory changes were implemented/promulgated. On February 5, 2016, the Export Controls Division of Global Affairs Canada issued Notice to Exporters No. 196 “Exports of items listed on the Export Control list to Iran”. On February 15, 2016, the Canada… Continue Reading

The Times Are Changing, But Very Slowly

Posted in Aerospace & Defence, Border Security, Corporate Counsel, Cross-border deals, Cross-border trade, Customs Law, Export Controls & Economic Sanctions, Government Procurement, Trade Agreeements, Trade Remedies

First, we learned relations with Cuba were thawing, and now – on July 14th – there is the nuclear deal with Iran. Many American companies are clambering to make commercial deals with businesses in both countries – but not so fast! In fact, little has changed in terms of U.S. relations with either country, at… Continue Reading