Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canadian Lawyers Should Be Careful in Providing Advice on Doing Business With Burma / Myanmar

Section 13 of the Special Economic Measures (Burma) Regulations made pursuant to the Special Economic Measures Act (Canada) provides that:

No person in Canada and no Canadian outside Canada shall do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by sections 3 to 12.

Sections 3 to 12 of the Special Economic Measures (Burma) Regulations set out various offences:

  • Section 3 - no person in Canada shall export, sell, supply or ship any goods, wherever situated, to Burma, to any person in Burma or to any person for the purposes of any business carried on in or operated from Burma.
  • Section 4 - no person in Canada shall import, purchase, acquire, ship or tranship any goods that are exported, supplied or shipped from Burma after the date of the coming into force of these Regulations, whether the goods originated in Burma or elsewhere.
  • Section 5(a) -  no person in Canada and no Canadian outside Canada shall deal, directly or indirectly, in any property of a designated person, including funds derived or generated from property that is owned or controlled, directly or indirectly, by that person.
  • Section 5(b) - no person in Canada and no Canadian outside Canada shall enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in paragraph (a).
  • Section 5(c) - no person in Canada and no Canadian outside Canada shall provide any financial or other related service in respect of the property referred to in paragraph (a).
  • Section 5(d) - no person in Canada and no Canadian outside Canada shall make any property or any financial or other related service available, directly or indirectly, for the benefit of a designated person.
  • Section 6 - No person in Canada shall transfer, provide or communicate, directly or indirectly, technical data to Burma or any person in Burma.
  • Subsection 7(1) - No person in Canada and no Canadian outside Canada shall invest in certain property situated in Burma held by or on behalf of Burma or a national of Burma who does not ordinarily reside in Canada.
  • Section 8 - no person in Canada or Canadian outside Canada shall provide to or acquire financial services from Burma or any person in Burma.
  • Section 9 - No person shall dock in Canada or pass through Canada a ship that is registered in Burma, except if docking in Canada is necessary to safeguard human life.
  • Section 10 - No person shall dock in Burma a ship that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament, except if docking in Burma is necessary to safeguard human life or to ensure access to humanitarian assistance.
  • Section 11 - No person shall land in Canada or fly over Canada an aircraft that is registered in Burma, except if landing in Canada is necessary to safeguard human life.
  • Section 12 - No person shall land in Burma an aircraft that is registered in Canada or operated in connection with a Canadian air operator’s certificate within the meaning of subsection 101.01(1) of the Canadian Aviation Regulations, except if landing in Burma is necessary to safeguard human life or to ensure access to humanitarian assistance.

This means that Canadian lawyers should be careful not to provide advice that could be perceived or interpreted to be assistance or promoting any act of thing that is prohibited in sections 3-12 of the Special Economic Measures (Burma) Regulations.  Canadian lawyer scan provide advice on what a business should do to comply with the Regulations.

This restriction on the advice that a lawyer may give is similar to the U.S. sanctions relating to Iran.

It should be noted that Canada's economic sanctions against Burma / Myanmar are the most strict of Canada's economic sanctions.

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