Saturday, January 03, 2009

Legal and Moral Obligations of Transactions to Possible UN Trade Sanctions Nations



Legal and Moral Obligations of Transactions to Possible UN Trade Sanctions Nations

Legal obligations in transactions to possible UN trade sanctions nations: Knowledgeable shipment of goods to a third party nation with the intention of contravening UN trade sanctions would prove hazardous in terms of liability to several sets of laws and regulations concerning international trade including Canadian ones as well as those of The United Nations. Civil suits could arise as well as the possibility of imprisonment in foreign nations. For example, special regulations exist in Canada concerning trade sanctions for Zimbabwe. Other nations, such as Iran and Burma are included on a list maintained by DFAIT which correlate and correspond with UN sanctioned nations which include progressive resolutions which are modified over time due to changing political conditions in member states. For example, sanctions and embargos in South Africa in the 1980s are credited with assisting that nation to promulgate new laws instead of Apartheid.

Failure to comply with sanctions could also result in the cancellation of trade export permits, fines, and local iimprisonment regardless of selection of proper laws or governing laws of contract to nations which have not ratified UN recommendations. In the case of milk powder there may be no legal restrictions as in the Iraqi "Oil for Food" program provisions which exempt food stuffs especially those relating to child welfare may exist. Employment of a lawyer conversant to sanctions provisions might prove that there is nothing illegal about the transaction.

Moral obligations in transactions to possible UN trade sanctions nations: Due diligence is a required facet of any trade conducted in Canada or elsewhere. Knowingly contravening trade sanctions laws with the hope of escaping detection through third party exchanges in a foreign nation would provide evidence of moral hazard or the realisation on the part of the exporter that local laws are contravened knowingly through removal to third or fourth nations where unrelated parties exchange and transfer sanctioned goods to a delinquent nation. A reputable business or export company would not knowingly engage in such nefarious practices.

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