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Lawyers argue Liberals’ proposed sanctions clarification does the opposite

Liberals proposing changes that would specify which entities are barred from doing business with Canadians
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The Canadian Bar Association and a lawyer helping firms navigate Canada’s sanctions regime warn that reforms in the federal budget bill seeking to clarify the rules will actually have the opposite effect if not amended. The Quebec Court of Appeal is seen in Montreal, Wednesday, March 27, 2019. THE CANADIAN PRESS/Ryan Remiorz

The Canadian Bar Association and a lawyer helping firms navigate Canada’s sanctions regime warn that reforms in the federal budget bill seeking to clarify the rules will actually have the opposite effect.

The Liberals are proposing changes that would specify which entities are barred from doing business with Canadians, such as companies that are 50 per cent or more owned by someone whom Ottawa has sanctioned.

William Pellerin, an Ottawa-based trade lawyer with the firm McMillan LLP, says that change puts Canada in line with allies, but other proposals are too vague.

He noted that another part of the bill targets foreigners who can direct a company’s activities “directly or indirectly, and through any means,” which he says will be too difficult for companies to track.

The Canadian Bar Association says the current phrasing would create more uncertainty and penalize Canadian entities seeking to comply with rules that aren’t as clear as those in other countries.

There has been a historic uptick in the number of individuals and corporations Ottawa has sanctioned in response to Russia’s invasion of Ukraine, as well as human-rights crackdowns in Iran and gang violence in Haiti.

The Canadian Press

READ MORE: Canada’s trade with Russia has plummeted since its invasion of Ukraine

READ MORE: EU takes aim at countries helping Russia to avoid sanctions

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