Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Mr. Yadegari, Canada's First Individual to be Prosecuted in Canada for U.N Security Council Resolution Violations, Denied Bail

On May 4, 2009, the an Ontario judge denied bail to Mahmoud Yadegari, an Iranian-Canadian accused of trying to export to Iran two "pressure transducers" that could be used in the production of nuclear weapons. Transducers are small parts with many commercial applications such as in air conditioners. However, certain types of transducers can help centrifuges produce enriched uranium and may have military applications.

Mr. Yadegari has been in custody since his arrest on April 16, following a two-month-long investigation by the RCMP.

Since 2006, the United Nations Security Council has imposed three rounds of sanctions against Iran in response to its nuclear programme.  Acting under Chapter VII of the Charter of the United Nations, the Security Council adopted resolutions 1737 (2006), 1747 (2007) and 1803 (2008) imposing sanctions against Iran in response to the proliferation risks presented by Iran’s nuclear programme in light of Iran's continuing failure to meet the requirements of the International Atomic Energy Agency (IAEA) and to comply with the provisions of earlier Security Council resolutions. These resolutions require Iran to fully cooperate with the IAEA and to suspend all uranium enrichment-related and reprocessing activities.

The U.N. Security Council Resolutions relating to exports to Iran (prohibiting certain exports to Iran), are implemented in Canadian law in the Regulations Implementing the United Nations Resolutions on Iran, as amended.

The measures imposed against Iran pursuant to United Nations Security Council resolutions include:

  • a prohibition on the export to Iran of certain items, materials, equipment, goods and technology which could contribute to Iran's uranium enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems;
  • a prohibition on the provision to any person in Iran of technical assistance, financial services, brokerage or other services related to the supply, sale, transfer, manufacture or use of any of the products subject to the export ban;
  • a prohibition on making available to any person in Iran any property, financial assistance or investment, related to the supply, sale, transfer, manufacture or use of any of the products subject to the export ban;
  • a prohibition on the import from Iran of arms and related material and items related to proliferation-sensitive nuclear activities or to the development of nuclear weapon delivery systems;
  • an assets freeze against persons and entities engaged in Iran's uranium enrichment-related, reprocessing or heavy water-related activities, or in the development of nuclear weapon delivery systems, who have been listed by the Security Council or the Committee established pursuant to paragraph 18 of resolution 1737 (2006) (“the 1737 Committee”);
  • a travel ban against persons listed by the Security Council or the 1737 Committee as being involved in Iran’s nuclear programme; and
  • a prohibition against claims by Iran or designated persons in relation to any transactions prevented by reason of the sanctions imposed against Iran.

Leave a Reply

remember my information