Parliamentary Committee Notes: CBSA's Efforts to Enforce Sanctions Against Russia
Issue:
The Globe and Mail released an article on February 22, 2024 that explains how a Ukrainian government agency has created a database to track weapons and/or gear used by Russia in its military assault on Ukraine, some of which originate from Canada.
Proposed Response:
- I can assure you that the CBSA, along with other law enforcement agencies under my portfolio, work closely with departments such as Global Affairs Canada to prevent restricted goods and technologies from making their way to Russia via third countries, by enforcing Canada’s sanctions regime and through strategic export controls.
- Since the start of the Russian invasion of Ukraine, the CBSA has reviewed more than 1500 shipments bound for Russia. These examinations have resulted in 14 fines being levied against exporters, six shipments being recommended for seizure, and eight shipments being withdrawn by the shipper.
- The CBSA enforces a wide array of measures, including export controls, and uses tools and technology to prevent sensitive goods and technologies from reaching illicit procurement networks, where they could be used to produce weapons of mass destruction or conventional weapons.
- The CBSA continues to actively work with Fives Eyes partners share information and to stay one step ahead of those circumventing laws.
Background:
The CBSA facilitates the flow of legitimate travelers and trade and enforces more than 100 acts and regulations that keep our country and communities safe. With respect to the import and export of commercial goods, the CBSA carries out seizures, enforces monetary penalties and investigates those who violate the rules and regulations.
The CBSA is responsible for enforcing Canada’s strategic export controls, and Canada’s sanctions regime within an import/export context. The CBSA drives regulatory enforcement, while also supporting criminal investigations.
The CBSA’s enforcement efforts also allow us to identify and stop state and non-state actors that engage in potentially illicit activity. We enforce sanctions and export controls that are used to prevent sensitive goods and technologies from reaching illicit procurement networks, where they could be used to produce weapons of mass destruction or conventional weapons.
The CBSA works closely with the Government of Canada stakeholders including Global Affairs Canada and the Canadian Nuclear Safety Commission to ensure relevant export controls are enforced. We ensure that all new or amended sanctions and export controls are operationalized through our risk assessment process.
The Agency’s Counter Proliferation Operations Section’s role consists of controlling strategic exports. The CBSA’s Border Services Officers at Canada’s ports of entry use their authorities under the Customs Act to ensure that goods being exported from Canada comply with the export reporting requirements. The Section provides risk assessments on electronically-submitted export declarations, identifies those that may contravene Canada’s export controls, and makes referrals to the relevant ports of exit, recommending the interception, examination and detention of shipments.
Despite international efforts, Russia maintains extensive capabilities to acquire Western goods and technologies. Russia’s proliferation networks exploit legislative, regulatory and capability gaps by engaging in transshipment tactics like ghost trade to circumvent export controls and sanctions. The Agency has noted that many of the exporters whose shipments we have detained in relation to Russian sanctions have now stopped exporting to that country. However, third countries are used as transshipment points and false end-user information is often provided.
Although exports to Russia have decreased, risk assessment processes have increased due to the complex and lengthy list of goods currently being sanctioned (Goods and Technology list, Luxury and Military Goods, Export Control List).
Iranian sanctions currently focus on missile technology and uranium mining/enriching and nuclear materials and technologies. The export of drone or antenna technology may not fall under the existing Iran sanctions.
The CBSA has established and chairs the Sanctions and Border Enforcement Coordination Committee within the Government of Canada to enhance interdepartmental cooperation on information sharing and to find ways to improve coordination related to sanctions enforcement. The CBSA also hosted the first E5 (Export Enforcement group of the Five Eyes) meeting in June 2023 to support the work of integrated export enforcement with our international allies. This meeting was designed to share information and best practices on export and sanctions enforcement.
The CBSA continues to monitor the situation and is working with domestic and international partners in an effort to maintain intelligence visibility on the Russian proliferation landscape.
Global Affairs Canada remains the Government of Canada’s lead for the administration of foreign policy.
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