INTRODUCTION AND BRIEF DESCRIPTION
This section of the Criminal Code classifies certain offences related to the Export and Import Permits Act as indictable offences.
SECTION WORDING
offence means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to (h) any of the following provisions of the Export and Import Permits Act, namely, (i) section 13 (export or attempt to export), (ii) section 14 (import or attempt to import), (ii.1) section 14.2 (broker or attempt to broker), (iii) section 15 (diversion, etc.), (iv) section 16 (no transfer of permits), (v) section 17 (false information), or (vi) section 18 (aiding and abetting),
EXPLANATION
Section 183(h) of the Criminal Code of Canada relates to the offence of violating the Export and Import Permits Act. The provision encapsulates all the possible forms of involvement in such violations, including conspiracy, attempt, being an accessory after the fact, or counselling. The Export and Import Permits Act regulates the movement of goods, technology, and information in and out of Canada, and its violation can comprise multiple activities, such as exporting or importing controlled goods without a valid permit, providing false information to obtain a permit, or diverting goods to unauthorized destinations. Section 183(h) lists the specific provisions of the Export and Import Permits Act that constitute an offence, namely sections 13 to 18. Each of these sections deals with a distinct aspect of the Act, such as the export of goods, the import of goods, brokering, diversion, transferral of permits, and aiding and abetting. Any person who engages in any of these activities, whether directly or indirectly, can be charged with an offence and face serious legal consequences. Importantly, section 183(h) does not delineate the penalties for violating the Export and Import Permits Act, which are set out in the latter legislation. However, the Criminal Code provides that offences contrary to the Export and Import Permits Act are indictable offences, which means that they can result in imprisonment for up to ten years. Furthermore, individuals or companies found guilty of violating the Act can face hefty fines, as well as reputational damage and the loss of business opportunities. In conclusion, section 183(h) of the Criminal Code of Canada underscores the seriousness of violating the Export and Import Permits Act and widens the scope of potential criminal charges in this domain. It serves as a reminder to individuals and organizations engaging in international trade to comply with all the relevant rules and regulations to avoid legal repercussions.
COMMENTARY
Section 183(h) of the Criminal Code of Canada outlines the range of offences that fall under the Export and Import Permits Act. This section establishes that individuals who are involved in offences related to exporting, importing, brokering, diversion, and false information, among other things, can be charged with an offence. The provisions in this section are critical in combating illegal trade and protecting national security interests. In today's world, international trade plays a significant role in the economic progress of countries. However, it also creates an environment where many illicit activities can take place. Thus, it is critical that governments have tools in place to protect their interests and prevent illegal trade from thriving. The Export and Import Permits Act is one such tool, which enables the government to regulate export and import of goods from Canada to other countries. Section 183(h) of the Criminal Code of Canada plays an important role in ensuring compliance with the Export and Import Permits Act. The provision covering 'export or attempt to export' (section 13) is notable in this regard. It makes it illegal for anyone to export goods out of Canada without proper documentation, and the act of attempting to do so is also considered an offence. Similarly, section 14 and 14.2 cover the importation and brokering of goods, respectively. These provisions make it illegal for anyone to import goods into Canada or act as a broker without following the proper procedures and obtaining appropriate documentation. Section 15 of the Export and Import Permits Act prohibits diversion, transshipment, or shipment in transit of goods through Canada to other countries. This provision aims at regulating goods that may pose a risk to the national security of Canada and create a destabilizing influence on trade relations with other countries. False information (section 17) is covered in Section 183(h) as well. This provision prohibits the falsification of any document or declaration related to the import or export of goods. It aims to preserve the integrity of trade documentation and prevent any fraudulent activities that may compromise the national security interests of Canada. Lastly, section 18 of the Export and Import Permits Act covers aiding and abetting. This provision prohibits individuals from knowingly assisting in the commission of an offence related to the aforementioned provisions of the Act. It is a significant measure that contributes to deterring illegal activities and those engaged in any such activities. In conclusion, Section 183(h) of the Criminal Code of Canada establishes the range of offences that fall under the Export and Import Permits Act. It is a critical tool that provides the Canadian government with the authority to regulate international trade by imposing restrictions and penalties on individuals who engage in illegal activities. This provision contributes to the protection of Canada's national security interests and the global trade community's integrity.
STRATEGY
Section 183(h) of the Criminal Code of Canada deals with offences related to the Export and Import Permits Act. It is important for individuals and companies engaged in the international trade to understand the implications of this provision and consider strategic approaches to protect their interests. One of the primary strategic considerations is the potential criminal liability for an offence contrary to the Export and Import Permits Act. The penalties for such offences can include imprisonment, fines, and forfeiture of goods. As such, it is necessary to ensure compliance with the Act to avoid the possibility of criminal charges being laid. This can involve seeking legal advice, training employees on relevant laws and regulations, and implementing internal compliance programs. Another strategic consideration is the potential impact on reputation and business operations if criminal charges are laid. The publicity surrounding such charges can damage a company's reputation and relationships with customers, suppliers, and other stakeholders. Therefore, it is important to take proactive measures to mitigate the risk of exposure to criminal charges, including conducting regular audits of business operations, reviewing contracts with suppliers and customers, and establishing a crisis management plan in case of an investigation. Strategies that could be employed include engaging in lobbying efforts to influence the development of export and import policies and regulations. This can involve engaging with government officials, industry associations and other stakeholders to ensure that regulations are fair and reasonable and do not pose undue risks to business operations. When engaging in lobbying, it is important to ensure compliance with relevant laws and regulations, including disclosure requirements. Another strategy could be to undertake due diligence when conducting business with overseas counterparts. This can involve conducting background checks on potential partners, ensuring they are reputable and do not have a history of involvement in criminal activities. Additionally, it may be advisable to conduct regular risk assessments to identify potential exposure to criminal conduct, and take steps to address any identified risks promptly. Finally, it may be useful to establish a liaison with law enforcement authorities and regulatory bodies to address potential compliance issues proactively. This can involve developing a good relationship with relevant authorities, providing information as needed, and cooperating with investigations where appropriate. In conclusion, the strategic considerations when dealing with Section 183(h) of the Criminal Code of Canada can include ensuring compliance with relevant laws and regulations, mitigating risk exposure, engaging in lobbying efforts, conducting due diligence when conducting business overseas, and establishing liaisons with law enforcement and regulatory bodies. By adopting a proactive and strategic approach, individuals and companies can manage the risks associated with international trade and protect their reputations and business operations.