THE LAWYERS WEEKLY
July 15, 2011 | 13
Canada’s
awakening
on trade
sanctions
CYNDEE
TODGHAM
CHERNIAK
U.S. security rules
on dual-nationals
Risk of human rights violations remains after amendments
JEREMY HAINSWORTH
Canadian companies involved in international
trade in U.S. defence technologies walk a fine line
between complying with U.S. International Traffic
in Arms Regulations (ITARs) and violating Can-
adian human rights and privacy laws.
The regulations control the export and import of
civilian and military goods, services and technical
data. They state that covered articles and services
may not be exported from the U.S. unless author-
ization has been granted by the Department of
State or a special exemption is used. Further, re-
export or re-transfer of a controlled item is by per-
mit or exemption.
Canadians and Canadian
residents watch news reports of
what is happening elsewhere in
the world—such as the Arab
Spring, the development of
nuclear weapons in Iran and the
bloody civil unrest in the Ivory
Coast — and call on the government to take action to stop the
atrocities and potential harm.
In response to such recent
events, Canada has joined like-minded nations at the United
Nations (UN) and supported
calls for UN Security Council
resolutions to impose economic
sanctions and trade restrictions,
with the intent to change behaviours by foreign regimes that are
unacceptable to people living in
a free and democratic society.
After UN Security Council resolutions are passed, Canada
implements any new multi-lat-eral sanctions and restrictions
pursuant to the United Nations
Act (Canada) and country-specific regulations and, thereby,
invests in change.
The Canadian government
has also, with increasing frequency, implemented unilateral
economic sanctions and trade
restrictions that extend further
than the UN Security Council
resolutions with the intent to
apply additional pressure against
foreign regimes to stop behaviours and reverse courses that
are unacceptable in Canada’s
view. The unilateral sanctions
and restrictions are imposed
pursuant to the Special Economic Measures Act (Canada)
and country-specific regulations.
The United Nations Act and
the Special Economic Measures
Act are tools that have been
available in Canadian law for
many years. However, Canada’s
willingness to use these tools to
take a stand on the world stage
to push for change has been
renewed. Canada has awakened
See Sanctions Page 15
