On October 19, 2007, the Canada Border Services Agency (CBSA) issued Customs Notice CN-07-030 “Summary of the Regulations Implementing the United Nations Resolution on Lebanon,” which warns exporters of an export prohibition in the Regulations Implementing the United Nations Resolution on Lebanon.
The Regulations are complex and exporters to Lebanon should consult legal counsel for advice. The Regulations contain prohibitions with respect to arms and related materials – defined to mean any type of weapon, ammunition, military vehicle or military or paramilitary equipment, and includes their spare parts. The scope of the prohibition is very broad as it includes spare parts.
The prohibitions are as follows:
- No person in Canada and no Canadian outside Canada shall knowingly export, sell, supply or ship, directly or indirectly, arms and related material, wherever situated, to any person in Lebanon.
- No owner or master of a Canadian vessel, within the meaning of section 2 of the Canada Shipping Act, and no operator of an aircraft registered in Canada shall knowingly carry, cause to be carried or permit to be carried, arms and related material, wherever situated, destined for any person in Lebanon.
- No person in Canada and no Canadian outside Canada shall knowingly provide, directly or indirectly, to any person in Lebanon technical assistance related to the provision, manufacture, maintenance or use of arms and related material. “Technical assistance” means any form of assistance, such as providing instruction, training, consulting services or technical advice or transferring know-how or technical data. “Technical data” includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information. The scope of this prohibition is very broad.
- Sections 3 to 5 do not apply in respect of arms and related material and related technical assistance authorized in advance in writing by the Government of Lebanon or by the United Nations Interim Force in Lebanon.
- No person in Canada and no Canadian outside Canada shall knowingly do anything that causes, assists or promotes, or is intended to cause, assist or promote any act or thing prohibited [above].
An exporter to Lebanon may obtain a certificate from the Minister of Foreign Affairs, which enables an exporter to make exports to Lebanon as an exception to the above prohibition. A person who fails to comply with the Regulation commits an offence under the United Nations Act. A person found to have committed an offence under the United Nations Act may be fined up to $100,000 (potentially with an up to a one-year prison term) or receive a prison term up to 10 years. To obtain relevant statutes and regulations, please contact Cyndee Todgham Cherniak.
This article first appeared as a blog entry on the tradelawyersblog.com (TL Blog).