Canada's Indirect Economic Sanctions:

Where Export Development Canada is

not pursuing business at this time

Written By: Cyndee Todgham Cherniak

Date: January 13, 2018

Canada effectively imposes significantly restrictive economic sanctions against certain countries via Export Development Canada ("EDC") decisions about where they will and will not or business.  The EDC is Canada's export credit agency/trade finane agency.  The EDC extends credit to Canadian businesses (big and small) to facilitate export sales. EDC financial products and services include trade credit insurance, export financing for Canadian companies and for their foreign customers, bonding products, and advice on doing business outside Canada.  If the EDC will not provide trade insurance, export financing or bonding products for exports to certain countries, many Canadian businesses are not able to pursue opportunities in those markets (unless the business is able to self-fund or obtain banks financing and insurance).  Canadian companies have been forced to retreat from the Russian market due to this hidden economic sanction.

Most companies understand that Canada imposes economic sanctions under the United Nations Act ("UN Act") and/or the Special Economic Measures Act ("SEMA") against 19 countries.  The list of UN Act and SEMA sanctioned countries as at December 31, 2017 are:

  • Burma/Myanmar (SEMA);
  • Central African Republic (UN Act);
  • Democratic Republic of Congo (UN Act);
  • Eritrea (UN Act);
  • Iran (SEMA/UN Act);
  • Iraq (UN Act);
  • Lebanon (UN Act);
  • Libya (SEMA/UN Act);
  • North Korea (SEMA/UN Act/Area Control List)
  • Russia (SEMA/Magnitsky);
  • Sierra Leone (UN Act);
  • Somalia (UN Act);
  • South Sudan (SEMA/UN Act/Magnitsky)
  • Sudan (UN Act);
  • Syria (SEMA);
  • Ukraine (SEMA)
  • Venezuela (SEMA/Magnitsky);
  • Yemen (UN Act); and
  • Zimbabwe (SEMA).

What they do not know is that even if a transaction may otheriwse be legal (that is not subejct to UN Act or SEMA sanctions, they still may not be able to do business.  Let's look at these countries from a different lens - the EDC lens.  Of these countries, the EDC states that it is not currently pursuing business in connection with the following countries:

The EDC takes a reactive or responsive approach to doing business in the following countries (which means the EDC is open for business on a highly restricted basis under select programs in view of Government of Canada restrictions and/or current business environment):

It is important to note that some countries (e.g., Afgahanistan, Algeria, Pakistan, Sri Lanka, Tunisia, etc.) are not subject to Canadian economic santions at all, but the EDC may have a reactive approach to business.

Ukraine is a target market for the EDC.

The one country that stands out in the above lists is Russia.  Russia was put on the naughty list in 2014 under the Harper Government and the EDC will not pursue business relating to Russia.  This means that Canadian companies cannot get EDC financing or insurance to do business in Russia.  Some Canadian companies have raised the issue with Canada's Minister of International Trade and are urging Canada to change the EDC policy on Russia.  But, there has been no change yet.

What this shows is that EDC business is also a foreign policy tool.  What this means is that Canadian ecnomic sanctions and trade restrictions against Russia many be more strict than those of the untied States and other trading partners.  Canadian companies may not be able to pursue opportunities (if they need EDC financing) that companies located in other countries can pursue.

If you would like to know more about Canada’s anti-bribery laws, please contact Cyndee Todgham Cherniak at 416-307-4168 or at cyndee@lexsage.com.


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