Complying with Canada’s comprehensive export controls and sanctions regime can be challenging but making sure that practices comply with all the rules and regulations is essential a to business. Canada’s export controls are established under the authority of the Export and Import Permits Act (EIPA) and Regulations and are set out in the Export Control List (ECL), Area Control List (ACL) and Automatic Firearms Country Control List (AFCCL). The regulations are primarily administered by the Global Affairs Canada (GAG) and enforced by the Canada Border Services Agency (CBSA). The export or transfer of controlled goods or technology without the required export permit is an offence punishable by large fines and/or imprisonment.
At Woods, LaFortune LLP, we have the experience and in-depth knowledge and understanding of Canada’s export controls system to assist Canadian exporters in determining whether an export permit is required. If so, we can advise as to whether one of the available general export permits (GEPs) can be used, or an exporter-specific permit is required. When one is required, we assist clients in the process applying and obtaining the proper permit, including “broad base” permits that authorize multiple shipments to multiple destinations over a certain time period. We have expertise in the relationship between Canadian and U.S. export control rules regarding the re-export of U.S. origin goods and the U.S. rules under International Traffic in Arms (ITAR) and Export Administrative Requirements (EAR) legislation.
Economic sanctions are becoming an increasingly vital element in Canada’s foreign policy. The recent growth in the use of economic sanctions by Canada to address security issues in other countries means that many commercial transactions may now be caught by measures and require an export permit in order to proceed. Canadian firms must remain up to-date and compliant with Canada’s measures under the Special Export Measures Act (SEMA), the United Nations Act (UNA) and the Freezing of Assets of Corrupt Foreign Officials Act (FACFOA). Exporting or transferring controlled goods or technology, or engaging in economic activity with sanctioned individuals, entities or countries, can result in the seizure or freezing of property, heavy fines, lengthy prison terms and quickly put firms out of business. Woods, LaFortune LLP has expertise in operation of Canada’s sanction program. We knows the officials who administer it, and have experience both helping clients avoid liability with proper planning, as well as advising as to difficult problems when they arise.
Our export controls and sanctions practice include expertise in:
- Export and Import Permits Act (EIPA), Export Control List (ECL), and Area Control List (ACL) Compliance
- Export Control Permit Process / General Export Permit (GEP)
- Controlled Goods Program (CGP)
- U.S. International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) and the Canadian Exemption
- Special Export Measures Act (SEMA)
- United Nations Act (UNA)
- Freezing Assets of Corrupt Foreign Officials Act (FACFOA)
- Blocking Legislation – Foreign Extraterritorial Measures Act (FEMA)