On June 19, 2014, the Canadian Government implemented economic
sanctions against the Central African Republic ("CAR").
They include an arms embargo, a travel ban and an asset freeze with
respect to certain designated individuals and entities. These new
sanctions represent the Canadian Government's response to
escalating political and religious violence in CAR, in the wake of
a coup that took place in March of 2013.
The RegulationsImplementingtheUnitedNationsResolutionsontheCentralAfricanRepublic ("the Regulations") entered into force
on June 19, 2014, constituting Canada's implementation of the
United Nations-mandated sanctions. Similar steps have been taken by
the European Union and the United States.
Pursuant to the Regulations, persons in Canada and Canadians
outside of Canada are prohibited from exporting, selling, supplying
or shipping arms and related material either to CAR or to any
person in CAR. In addition, the provision or transfer to CAR or any
person in CAR of technical or financial assistance or any other
assistance that is related to military activities, or the
provision, manufacture, maintenance or use of arms and related
materials, are all prohibited.
In addition to this arms embargo, the Regulations establish a
list of designated persons who are subject to an asset freeze
retroactive to January 28, 2014. Presently, only three individuals
have been designated by the Canadian Government, all of whom are
leaders of factions viewed to be contributing to the ongoing
violence and unrest in CAR.
Contraventions of these laws could have serious consequences
ranging from operational disruptions and reputational damage to
criminal prosecution pursuant to the UnitedNationsAct. An effective and comprehensive
compliance strategy will mitigate the risk of contraventions,
and can help reduce your company's potential exposure should a
contravention occur. The Regulations set out very limited
exemptions to the prohibitions they impose, oriented towards
humanitarian and peacekeeping efforts in CAR.
BLG's export control and economic sanctions team regularly
assists clients with cross-border transactions involving countries
and persons subject to economic sanctions. In many cases, economic
sanctions do not prevent the continuation of international
business, so long as Canadians take the steps necessary to ensure
compliance with the economic sanctions.
While that agreement mandated export measures on Canadian softwood lumber exports destined for the United States, it also protected those lumber exports from the potential imposition of onerous import measures by the U.S.
On September 29, 2016, the Supreme Court of Canada issued its first tariff classification decision since Canada signed the International Convention on the Harmonized Commodity Description and Coding System in 1998.
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