Uncover the rUles and restrictions of international tradeexPOrT CONTrOls & eCONOmiC saNCTiONs: a GUide TO CaNadiaN Trade resTriCTiONsLawREnCE L. HERMan, B.a. (SaSK.), LL.B. (TOR.) CaSSELS BROCK & BLaCKwELL LLP

a respected aUthority on canadian trade restrictions

while Canada is an open economy based on the underlying free-trade principles of the world Trade Organization agreement, it also controls exports and imports of strategically sensitive items for national security purposes, including controls over software and technology, and other items covered by international treaties and agreements.

Export Controls & Economic Sanctions: A Guide to Canadian Trade Restrictions provides you with the guidance you need to advise your clients on how to complete global transactions within the limits of Canadian and international trade restrictions, controls, and sanctions.

The first of its kind in Canada, this publication contains a comprehensive review of Canada’s system of trade restrictions, with emphasis on Canadian export controls. It also covers U.n.-mandated sanctions and a range of other measures that may be less well-known but which have a critical impact on Canada’s external trade and on the conduct of business in the international marketplace.

The book identifies Canada’s obligations under international treaties and agreements that form the basis for the existing statutory and regulatory system, including controls over nuclear materials, weapons, sensitive strategic goods and technology, environmentally harmful substances, and cultural and heritage properties. also covered is the critical system of enforcement of U.n.-mandated economic sanctions and anti-terrorism measures approved by the Security Council.

Included in the publication is an outline of Canada’s import control system for agricultural products under its system of supply management, plus other trade related statutes that affect international sales and business transactions. The latter includes an explanation of Canada’s Controlled Goods Program, highly relevant to companies engaged in joint projects with U.S. corporations.

For your reference, the end of each chapter features relevant statutes, regulations, official guidelines and forms, plus a contact list and useful source materials.

AbOuT THE AuTHORlawrence l. Herman, B.a., LL.B., is a graduate of the University of Toronto Law Faculty (1969) and a member of the Saskatchewan and Ontario bars. Mr. Herman concentrates on international trade and international business transactions. He has acted for private sector clients, governments and international agencies, dealing particularly with the GaTT/wTO, FTa and naFTa and appears as counsel before dispute-resolution bodies under the naFTa, as well as before the Canadian International Trade Tribunal, the courts and Parliamentary committees. He sits on the Market access advisory Group (MaaG) of the Canadian Foreign affairs and International Trade department, advising on business issues in wTO trade negotiations.

Mr. Herman was on the Council of the International Bar association’s Energy Section for many years and is currently chair of the Trade Policy Committee of the Canadian Manufacturers and Exporters and a member of the Executive Board of the Canada-U.S. Law Institute; the International affairs Committee of the Canadian Chamber of Commerce; the C.d. Howe Institute; and several other business and government trade policy organizations. He was appointed director, Task Force on Trade and Investment Rules of the world Energy Council, London, U.K., in 2007.

Order # 982283-63528 $1992 volume looseleaf supplemented book Supplements invoiced separately 978-0-7798-2283-6

TAblE OF CONTENTSChapter 1 – Canada’s Export Control Regime• History and Rationale for Controlling Exports• International agreements and arrangements• Trade-Related Export and Import Restrictions• Conventional arms and Munitions• Chemical and Biological weapons• Missiles and Missile Technology• nuclear weapons and Technology• Structure of the Canadian Export Control System• The Control Lists• Export Permits• Goods, Technology, Software• Exports from Canada• Structure of the Export List• ECL Groupings• Interpretive notes: General Technology and

General Software notes• area Control List (aCL)• applications for and Processing of Export Permits• departmental Structure• Types of Permits and their Issuance• On-Line Permit applications Using EXCOL• General Export Permits (GEPs)• Canada-U.S. Trade Relations and Exports of

U.S.-Origin Goods• Exports of Miscellaneous Goods• Steel• Softwood Lumber• Logs and Pulpwood• automatic Firearms• Enforcement and Penalties• CBSa Border Enforcement• Reporting and documentary Information• Inter-action with Other Statutes and Regulations• nuclear Exports• drugs and narcotics• Cultural Properties• diamonds• Hazardous Chemicals and waste Materials• Endangered Species• Miscellaneous Export Controls, duties

and Surcharges• Canada’s Controlled Goods Program• The U.S. Export Control System• Some Conclusions – Practical advice for Exporters

Chapter 2 – Controls on Environmentally Harmful Exports• architecture of the Canadian Environmental

Protection Act• Export Controls Under CEPa• Exports of Hazardous Chemicals and wastes• The Export and Import of Hazardous waste and

Hazardous Recyclable Material Regulations• The Rotterdam Convention Regulations

Chapter 3 – Exports and Imports of nuclear Goods and Technology• Jurisdiction of the Canadian nuclear

Safety Commission• Canada’s International Treaty Obligations

Chapter 4 – Trade Measures affecting Cultural Property• Cultural Property Export Control List• Permit Granting Process• Canadian Cultural Property Export Review Board• Convention on the Protection of Cultural Property

Chapter 5 – Trade in Endangered Species• Export Permit System

Chapter 6 – Foreign Extraterritorial Measures act• General Structure of Canada’s Blocking Legislation• are Solutions Possible?• Canada’s Response to the U.S.

Helms-Burton Legislation

Chapter 7 – Canada’s Import Control Regime• Constitutional Issues• Supply-Managed agricultural Products• Marketing Board Structures• Poultry and Eggs• dairy Products• Import Permit-Granting authority• Process and Procedures for Import Permits

and Certificates• discretionary authority• Permits as of Right• Establishing Import Quotas• Over-Quota Import duties• Import notices• Prohibitions and Penalties• Other Import Restrictions• Other agriculture and agri-Food Imports• weapons, Munitions and Other Controlled Imports• Textiles and apparel• Steel Products

Chapter 8 – Sanctions• Sanctions Mandated by the United nations• Lebanon, Côte d’Ivoire and Other “Contained” Threats• Major Threats to International Peace• north Korea (democratic People’s Republic of Korea)• Iran• al-Quaida (or “al-Qaida”), the Taliban and Terrorist

Organizations• Other Economic Sanctions• Exceptions, Special Permits and de-Listing• Proceeds of Crime and Money Laundering• Enforcement of Sanctions in the United States

Chapter 9 – Money Laundering and Terrorist Financing• Criminal Code• Money Laundering and Terrorist Financing

Prevention Measures

Chapter 10 – Canada’s Controlled Goods Program• Legislative Framework• Registration Under the Controlled Goods Program• dealing with U.S.-Origin Goods, Information

and Technology• Exports of ITaR-Covered Goods and Technology• Operation of the ITaR’s• The Canadian Exemption

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