Economic Sanctions and Blacklists IE Canada Export Compliance Webinar Series John W. Boscariol February 27, 2015 McCarthy Ttrault LLP / mccarthy.ca
1 Growing Impact of Economic Sanctions whats driving this since 9/11, new emphasis of Canadian authorities on security (vs. government revenues) more recently, increased penalties, enforcement by U.S. authorities pressure from…
2 Canadas Trade Controls export and technology transfer controls Export Control List & A Guide to Canadas Export Controls Area Control List (Belarus and North Korea) domestic industrial security Defence Production Act,…
3 Canadas Economic Sanctions Regime challenges measures take effect immediately no consultations measures change often, in response to developing international events measures are layered multiple Canadian regulatory…
4 Canadas Economic Sanctions Regime United Nations Act implementation of UN Security Council Resolutions Special Economic Measures Act impose economic sanctions absent or in addition to a UN Security Council Resolution Freezing…
5 Canadas Economic Sanctions Regime Special Economic Measures Act and United Nations Act key measures (depending upon the country program) ban on providing or acquiring goods, services, technology/data assets freezes cannot…
6 Canadas Economic Sanctions Regime generally apply to persons in Canada and Canadians outside of Canada permits generally available for anything that is prohibited under the sanctions measures apply to Economic Law Division of…
7 Canadas Economic Sanctions Regime consequences of non-compliance criminal penalties fines in an amount that is appropriate in the opinion of the Court up to 10 years imprisonment CBSA detention and seizure operational…
8 United Nations Act Regulations targeted countries and groups Al-Qaida and Taliban Iraq Cte dIvorie Somalia Democratic Republic Eritrea of Congo terrorists and terrorist Iran organizations Sudan Liberia Yemen North Korea…
9 Special Economic Measures Act Regulations targeted countries Iran Syria Burma Zimbabwe North Korea Ukraine Russia South Sudan John W. Boscariol, International Trade and Investment Law McCarthy Ttrault LLP /…
10 Freezing Assets of Corrupt Foreign Officials Regulations politically exposed persons Egypt Tunisia Ukraine John W. Boscariol, International Trade and Investment Law McCarthy Ttrault LLP / mccarthy.ca
11 Russia / Ukraine Economic Sanctions Measures designated person restrictions 273 entities and individuals broad prohibition on range of activities debt financing prohibition (30 or 90 days maturity) equity financing…
13 Prosecutions Under Iran Economic Sanctions R. v. Yadegari July 6, 2010, first successful prosecution under the Iran sanctions regulations under United Nations Act attempted shipment to Iran through Dubai dual-use pressure…
14 Prosecutions Under Iran Economic Sanctions R. v. Lee Specialties Ltd. first prosecution under Special Economic Measures Act attempted shipment of 50 Viton O-rings to Iran (15 total value) although dual-use, these were…
15 Burma Economic Sanctions Measures Canada had most aggressive sanctions of any country effective April 24, 2012 most Burma sanctions measures repealed currently 44 entities and 38 individuals are designated persons arms…
16 Key Issues in Interaction With US and Other Regimes screening against Canadian lists lists of over 2,000 designated persons individuals, companies, organizations Special Economic Measures Act regulations United Nations Act…
17 Key Issues in Interaction With US and Other Regimes Canadian measures may be broader than those of the United States and other countries Russia / Ukraine 273 designated persons Belarus, Burma, Libya, North Korea Iran…
18 Key Issues in Interaction With US and Other Regimes Canadian measures can be in direct conflict with those of the United States Foreign Extraterritorial Measures Act blocking order in respect of US trade embargo of Cuba…
19 Key Issues in Interaction With US and Other Regimes Canadian measures can be in direct conflict with those of the United States Canadian human rights / employment laws and potential conflict with US controls under…
20 Key Issues in Interaction With US and Other Regimes significant differences in administration and guidance on economic sanctions John W. Boscariol, International Trade and Investment Law McCarthy Ttrault LLP / mccarthy.ca
21 Key Issues in Interaction With US and Other Regimes Canada does not have a voluntary disclosure program for sanctions violations voluntary disclosures or mandatory report to Royal Canadian Mounted Police if violation is…
22 Implications for Economic Sanctions Compliance and Enforcement internal compliance programs must be home grown training and internal communications screening process and providers coordination of internal investigations…
John W. Boscariol McCarthy Ttrault LLP International Trade and Investment Law Group www.mccarthy.ca Direct Line: 416-601-7835 E-mail: jboscariolmccarthy.ca LinkedIn: www.linkedin.com/in/johnboscarioltradelaw Twitter:…
Loading...
