Export Controls, Economic Sanctions & Trade Restrictions
International trade in this current world of global instability has increased the Government of Canada’s use of export controls and economic sanctions and trade restrictions. Canadian exporters are not always able to send any good anywhere. There is no getting around the fact that enforcement of Canada’s export controls, economic sanctions/trade restrictions and controlled goods laws by the Canada Border Services Agency, the Department of Foreign Affairs and International Trade and Controlled Goods Directorate has increased.
LexSage provides sage legal advice to clients to help them comply with Canada’s export controls, economic sanctions/ trade restrictions and controlled goods laws. Exports regulations is one of LexSage’s core competencies. Cyndee Todgham Cherniak draws on 20 years of experience in guiding clients through Canada’s interwoven exports/controlled goods laws.
How can we help you?
Export Controls and Economic Sanctions
- Do you need strategic legal advice concerning your export controls/economic sanctions obligations?
- Do you need sage legal advice on whether your goods are controlled goods?
- Do you need sage legal advice on whether the export of your goods is prohibited under Canadian law?
- Do you require sage legal advice on whether you are selling to a “designated person” or “designated entity”?
- Do you require assistance in obtaining an export permit from the Department of Foreign Affairs and International Trade?
- Do you require a Ministerial Authorization to export to a country such as Iran, Syria or North Korea?
- Do you plan to sell goods to a country on Canada’s Area Control list?
- Do you require legal advice on structuring an export transaction to get paid?
- Do you require legal advice on whether you are an exporter?
Enforcement Measures
- Has the Canada Border Services Agency detained your exported goods?
- Has the Department of Foreign Affairs and International Trade contacted you to obtain technical information about whether exported goods are controlled goods?
- Has DFAIT contacted you to obtain more information about shipments to Iran, Syria or another country?
- Has the CBSA issued a determination to detain your goods?
- Do you require assistance filing a request for redeterminations (appeal)?
- Do you require assistance filing an action with the Federal Court Trial Division?
- Do you require an advisory opinion?
- Do you require assistance in balancing ITAR compliance with human rights laws in Canada?
- Do you require sage legal counsel in designing, developing, implementing, managing and enforcing global regulatory and compliance programs?
Controlled Goods
- Do you require assistance in filing an application with the Public Works & Government Services, Controlled Goods Directorate?
- Do you require assistance in preparing a security plan?
- Do you require training of a Designated Official and employees?
- Do you require assistance in designing, developing and implementing internal controls to record activities relating to controlled goods?
- Are you required to report a breach?
- Have you been asked to respond to a request for information?
Additional Information About LexSage
LexSage has extensive experience assisting clients in all forms of customs, export controls and trade issues. Cyndee Todgham Cherniak is the Chair of the Canadian Bar Association, National Sales Tax, Customs and Trade Section. Cyndee is also a chair of the American Bar Association, Section of International Law Customs Committee and is Vice-Chair of the International Trade Committee. In 2011, Cyndee was a sessional law professor at the University of Windsor, School of Law and taught a course on Canada-US trade issues. Between 2005 and 2011, Cyndee was adjunct law professor at Case Western Reserve School of Law and taught a course on NAFTA. Cyndee is a director of the Canada-China Business Council. Between 2003 – 2012, Cyndee was an advisory board member of the Canada-United States Law Institute.
Cyndee Todgham Cherniak is recognized as a leading lawyer in the area of customs and trade laws, including:
- The International Who’s Who of Trade and Customs Lawyers (2010, 2011, 2012)
- The International Who’s Who of Business Lawyers: Canada (2011, 2012)
- The Legal Media Group Guide to the World’s Leading International Trade Lawyers (2007 – present)
- The Legal Media Group Guide to the World’s Leading Women Lawyers in Business (2010-2011, 2012-2013)
- The Legal Media Group Guide to the World’s Leading China Lawyers – International Trade Lawyers (2011/2012)
- Chamber’s Global: The World’s Leading Lawyers for Business (2006 – present)
- Canadian Legal Lexpert® Directory (2004-2007).
Representative Transactions
- Assisting a client obtain a Ministerial Authorization to receive a payment from Iran
- Assisting a client obtain a Ministerial Authorization to sell goods to a company in Iran
- Assisting a Canadian company provide information to Canada’s Department of Foreign Affairs and International Trade, Economic Law Division regarding sales to a Syrian company operating outside Syria;
- Providing advice to a client wishing to purchase goods from Asia where some of the inputs or goods originate in Burma;
- Providing advice to companies selling to companies located in Cuba (compliance with Extra-territorial Measures Act);
- Assisting numerous clients whose goods have been detained by the Canada Border Services Agency upon export;
- Assisting numerous clients classify exports and obtain export permits;
- Obtaining a registration with Canada’s Controlled Goods Directorate;
- Providing advice in connection with an arbitration involving controlled goods.
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