Best Sanctions & Export Controls Lawyers in Oshawa

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Thomas Efraim LLP
Oshawa, Canada

Founded in 2015
English
Thomas Efraim LLP, based in Oshawa, Ontario, has been serving the Durham Region since 1978, offering comprehensive legal services in real estate law, corporate law, and estate law. With over 70 years of combined legal experience, the firm's team is dedicated to providing practical and effective...
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About Sanctions & Export Controls Law in Oshawa, Canada

Sanctions and export controls are areas of law that regulate the movement of goods, technology, and services across borders, specifically to and from countries or entities subject to restrictions imposed by the Canadian government. In Oshawa, as in the rest of Canada, these laws are governed at the federal level but have significant local implications for businesses, organizations, and individuals. Sanctions may be applied for reasons such as national security, arms control, or to support foreign policy objectives, while export controls help ensure that sensitive items do not fall into the wrong hands or violate international commitments.

Why You May Need a Lawyer

Dealing with sanctions and export controls can be complex and daunting, especially for those unfamiliar with the legal requirements. You may need a lawyer in several situations, such as:

  • Setting up a business in Oshawa that imports or exports goods, technology, or software
  • Dealing with government inquiries or investigations related to exports
  • Receiving an unexpected shipment refusal or customs hold
  • Pursuing international business with countries or entities under sanctions
  • Navigating penalties or enforcement actions for alleged violations
  • Unsure whether a product is controlled or subject to licensing
  • Seeking clarity on grey areas of law regarding dual-use items or intangible transfers

Legal counsel can help you understand these regulations, obtain necessary permits, avoid costly mistakes, and ensure you remain compliant with Canadian and international law.

Local Laws Overview

Oshawa is subject to Canadian federal laws on sanctions and export controls, primarily enforced by Global Affairs Canada, the Canada Border Services Agency, and other relevant bodies. Key points include:

  • Canada’s Export and Import Permits Act (EIPA) governs the licensing of controlled goods, technologies, and software.
  • The Special Economic Measures Act (SEMA) and the United Nations Act enable the government to impose trade restrictions and sanctions against designated countries, organizations, and individuals.
  • The Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) allows targeted sanctions in cases of foreign human rights violations.
  • Export controls apply not only to physical goods but also to the transfer of technology and information electronically, even via email.
  • Local Oshawa businesses engaged in manufacturing, research, or technology may be especially impacted if they deal with controlled items or international markets.

Failing to comply with these regulations can result in severe penalties, including heavy fines and criminal prosecution.

Frequently Asked Questions

What are export controls and who enforces them in Canada?

Export controls are regulations that restrict the export of certain goods, technologies, or services for reasons including national security, international commitments, or public safety. In Canada, these are primarily managed by Global Affairs Canada.

Which goods or technologies are considered "controlled"?

Controlled items are listed on various schedules maintained by the Canadian government, including the Export Control List, the Area Control List, and others. These may cover military goods, dual-use items, nuclear technology, and cryptography software, among others.

Do sanctions only apply to physical goods?

No. Sanctions also apply to services, financing, technical assistance, and even the intangible transfer of controlled technology, such as through email or cloud uploads.

How do I know if a country or entity is sanctioned by Canada?

Canada maintains public lists of sanctioned countries, organizations, and individuals. These can be found through government sources or by consulting a legal professional.

What happens if I violate export controls or sanctions?

Violations can lead to seizure of goods, civil penalties, heavy fines, and even criminal charges resulting in imprisonment. Investigations can also damage business reputation and operations.

Are there exceptions or special permits for exporting controlled goods?

Yes, in some cases you can apply for export permits or licenses. Approval depends on the nature of the items and the destinations, and legal help is often beneficial in the application process.

Do small businesses in Oshawa need to worry about export controls?

Yes. Even small businesses can face compliance requirements if they export goods, share technology, or partner with foreign entities. Ignorance of the law is not a defense.

Can sending technical information via email trigger export controls?

Yes. Technological data and information transfers, even by email or cloud storage, are subject to the same controls as physical shipments.

What steps should a business take to ensure compliance?

Businesses should understand their products, perform screening of customers and destinations, implement compliance policies, and seek appropriate permits or legal advice as needed.

Where can I find more information or help?

Helpful resources include government departments, industry associations, and legal professionals specializing in international trade and compliance.

Additional Resources

For further support and up-to-date information on sanctions and export controls, consider the following resources:

  • Global Affairs Canada - Export Controls Division
  • Canada Border Services Agency (CBSA)
  • Canadian Association of Importers and Exporters
  • Canadian Sanctions and Export Controls Compliance Information Sheets
  • Local Oshawa or Durham region Chambers of Commerce
  • Licensed Canadian trade and export control lawyers

Next Steps

If you are involved in activities that may be affected by sanctions or export controls in Oshawa, take the following steps:

  • Review your business activities and determine which laws and regulations apply.
  • Consult government resources or reach out to relevant authorities for clarification.
  • Consider seeking advice from a lawyer with expertise in sanctions and export controls to prevent compliance risks.
  • Train your staff on compliance policies and stay up to date with legal changes.
  • If you receive a government inquiry, act promptly and consult legal counsel before responding.

Prompt legal guidance can help you navigate this complex area of law and avoid severe consequences. If you think you need assistance, do not hesitate to contact a qualified sanctions and export controls lawyer in Oshawa or the Greater Toronto Area.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.