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Invite colleaguesManaging the intersection of export controls and economic sanctions: Implications for legal and compliance teams and best practises for strengthening cross-departmental coordination
Abstract
Navigating the complex, varying and, at times, conflicting regimes governing export controls and economic sanctions presents unique compliance challenges for globalised businesses. Export controls and economic sanctions address related, but distinct, public policy objectives. This paper explores the intersection between the two and proffers best practises for businesses to manage their export control and economic sanctions risks. Section 2 sets out a brief taxonomy of terms and concepts. Section 3 explains the global context for the measures discussed, the Canadian regulatory frameworks and the intersection between the two regulatory regimes. Section 4 discusses ‘best practices’ for counsel and businesses to manage the complex compliance issues arising out of these measures.
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Author's Biography
Graeme Hamilton leads BLG’s White Collar Criminal Defence and Corporate Investigations and International Trade and Investment groups. He is a very experienced trial and appellate advocate in the areas of white-collar criminal defence, international trade and investment law, complex commercial disputes and public law. Graeme is widely recognised as one of Canada’s leading white-collar criminal defence practitioners. He has been counsel in several of the most notable white-collar and regulatory investigations and prosecutions in recent Canadian history, including the successful defence of one of the accused in the landmark bribery prosecution R. v. Barra, a precedent-setting Financial Transactions Reports Analysis Centre of Canada (FINTRAC) enforcement action against a cryptocurrency exchange for alleged violations of the proceeds of crime (money laundering) and Terrorist Financing Act, and multiple high-profile securities regulatory proceedings. In addition, Graeme is frequently retained by companies to conduct internal investigations and instructed in related civil litigation. Graeme additionally specialises in international trade law, where his practise encompasses litigation, investigations, transactional advice and compliance advice about economic sanctions; import, export and technology transfer controls; defence trade controls; customs laws; anti-dumping, countervail and safeguard measures and anti-corruption laws. Graeme regularly acts for Canadian and multinational companies in litigation before the Federal Court and the Canadian International Trade Tribunal; in audits, inspections and administrative proceedings conducted by the Canada Border Services Agency and with respect to trade law issues implicated in domestic and cross-border transactions.
Rambod Behboodi is recognised as one of Canada’s most knowledgeable and experienced trade lawyers. He has extensive experience advising on and arguing North American Free Trade Agreement (NAFTA) cases and World Trade Organization (WTO) cases, participating in multilateral environmental negotiations and advising on issues, including agricultural trade, subsidies and anti-dumping, export controls and technical barriers to trade. Rambod has also served on postings to the WTO and the European Union (EU), and as a Counsellor at the WTO, advising on antidumping disputes. In addition to his trade expertise, Rambod has significant experience in financial regulation. As the General Counsel at Finance Canada during the financial crisis, Rambod gained unique insight into the department’s nontax business lines, in particular regulation of financial institutions, anti-money laundering (AML) measures and trade in financial services. He has advised finance ministries and central banks in both advanced and developing countries.
Nasra Moumin practises in our corporate commercial group, with a focus on international trade and investment law. Nasra is a Certified Customs Specialist and regularly advises businesses and government entities on a range of issues, including trade remedies, customs compliance, free trade agreements, international arbitrations, investor–state disputes, export controls, economic sanctions and cross-border product regulatory compliance. Nasra regularly represents clients in proceedings before the Canada Border Services Agency, Canadian International Trade Tribunal and Federal Courts.