Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada Announces Intention to Increase Sanctions Against North Korea

On June 12, 2009, shortly after the unanimous passage of United Nations Security Resolution 1874 against North Korea, Canada announced an intention to "swiftly implement all additional binding sanctions introduced under Resolution 1874 into Canadian domestic law."

UN Security Council Resolution 1874 imposes additional binding sanctions on North Korea in response to the country’s May 25 nuclear test. Resolution 1874 expands the scope of the U.N Embargo on the transfer of arms to and from North Korea to include a broader range of items.  In addition the resolution covers financial transactions relating to the sale of such arms.  further, it prohibits the provision of services to North Koran vessels suspected of carrying cargo prohibited under the U.N. Security Council resolutions.

Canadian companies that are doing business with North Korea or North Koreans should ensure compliance with the new obligations and act with great caution until new Regulations are promulgated.  It is not known whether the new economic sanctions and embargo will be similar to the rules relating to Iran or Burma. In 2008, Canada enhanced its economic sanctions against Burma/Myanmar, which are the most strict restrictions under Canadian law. 

The Regulations Implementing the United Nations Resolution on the Democratic People's Republic of Korea, implement the decisions of the Security Council in Canadian domestic law. The Regulations are made under the United Nations Act.  Go to the following link to access Canadian domestic laws - http://www.international.gc.ca/sanctions/korea-coree.aspx?lang=eng&menu_id=15&menu=R

Bill C-31, which includes a nationality principle into Canada's criminal laws, means Canadians should take compliance more seriously.  While Bill C-31 has not yet completed the legislative process, it is another piece of legislation to monitor closely.

 

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