Managing Conflicting Obligations: Compliance with Canadian Law and Policy on Trade with U.S.-Sanctioned Countries . John W. Boscariol [email protected] Day 2 - May 16, 2007 American Conference Institute’s 10th National Forum on Export Controls and Global Compliance Strategies
“Every Canadian corporation and every director and officer of a Canadian corporation shall forthwith give notice to the Attorney General of Canada of any directive, instruction, intimation of policy or other communication relating to an extraterritorial measure of United States in respect of any trade or commerce between Canada and Cuba that the Canadian corporation, director or officer has received from a person who is in a position to direct or influence the policies of the Canadian corporation in Canada.”
“No Canadian corporation and no director, officer, manager or employee in a position of authority of a Canadian corporation shall, in respect of any trade or commerce between Canada and Cuba, comply with an extraterritorial measure of United States or with any directive, instruction, intimation of policy or other communication relating to such a measure that the Canadian corporation or director, officer, manager or employee has received from a person who is in a position to direct or influence the policies of the Canadian corporation in Canada.”
1. Is the U.S. measure in question covered by the FEMA Order?
2. Does the U.S. measure operate or is it likely to operate to reduce or impede trade or commerce between Canada and Cuba?
3. Is the communication in the nature of a directive or an intimation of policy?
4. Is the source of the communication in a position to direct or influence the policies of the Canadian corporation in Canada?
5. Does the Canadian company’s act or omission constitute “compliance”?
What is the reason for the Canadian company’s act or omission? Compliance with Canadian law?
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