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Sanctions & Export Controls

Sanctions & Export Controls
Sanctions & Export Controls

Businesses involved in exporting products, services or information outside of Canada risk exposure to significant civil and criminal sanctions if they violate Canada’s export control laws. In addition, pursuant to Canada’s economic sanctions laws, restrictions also apply to dealing with designated persons in certain jurisdictions and sometimes more broadly to certain types of dealings with any person in those jurisdictions.

Our International Trade lawyers are the lawyers of choice for companies across industries seeking export control and sanctions advice. We regularly advise clients on the full range of export controls and sanctions matters, including:

  • Applicability of economic sanctions and embargoes, whether implemented as a result of United Nations Security Council resolutions or unilaterally by Canada

  • Interpretation of export control and sanctions legislation, including the Export and Import Permits ActUnited Nations Act, Special Economic Measures Act, Freezing Assets of Corrupt Foreign Officials Act and Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)

  • Controls on cryptographic items, Arms Trade Treaty items, among others

  • Application for export permits and exemptions

  • Speedy resolution of goods detained at the border and representation in instances of prosecution at all levels within the Canada Border Services Agency, the Canadian International Trade Tribunal and the Federal Court of Appeal

  • Developing and implementing export control and trade sanctions compliance programs

  • Registration, identification and classification of controlled assets pursuant to the Defence Production Act and the Controlled Goods Regulations

  • Economic sanctions and export control due diligence

  • Blocking orders, such as under the Foreign Extraterritorial Measures Act regarding trade with Cuba

Recent Experience
  • One of the world's leading manufacturers of construction and mining equipment on relevant export control laws applicable to imports of encryption technology and re-exports of the technology stored in laptop computers.

  • A global mining, oil and gas company in connection with its proposed multibillion-dollar offer to acquire a commodity producer on the World Trade Organization law applicable to the creation of export cartels and monopoly export marketing agencies and export control laws applicable to the commodity in issue.

  • A world leader in the development and application of innovative technologies for the inspection, monitoring and management of physical infrastructure to obtain regulatory approvals and permits to continue to do business in Libya respecting commercial activities otherwise prohibited by sanctions.

  • A U.S. manufacturer of carbon fibre and graphite products on the application of the Controlled Goods Program, and negotiated with Canadian export control officials licence-free exports by its Canadian subsidiary to third countries.

  • A leading global investment bank to provide export control advice regarding encryption technology and electronic banking services.

  • The world's largest independent gas turbine engine and accessory repair and overhaul company regarding the export of highly sensitive technology to a foreign government.