Foreign Extraterritorial Measures (United States) Order, 1992 (SOR/92-584)

Whereas the United States is proposing to adopt a measure, set out in section 1706(a)(1) of the National Defense Authorization Act for Fiscal Year 1993, as passed by the United States Congress on October 5, 1992, which affects section 515.559 of the Cuban Assets Control Regulations, 31 C.F.R., Part 515, and constitutes a measure affecting trade or commerce between Canada and Cuba;

And Whereas, in the opinion of the Attorney General of Canada, that measure is likely to adversely affect significant Canadian interests in relation to trade or commerce between Canada and Cuba involving business carried on in whole or in part in Canada or is otherwise likely to infringe Canadian sovereignty;

Therefore, the Attorney General of Canada, with the concurrence of the Secretary of State for External Affairs, pursuant to section 5 of the Foreign Extraterritorial Measures Act, hereby revokes the Foreign Extraterritorial Measures (United States) Order (1990), made on October 31, 1990Footnote ^*, and makes the annexed Order requiring persons in Canada to give notice of communications relating to, and prohibiting such persons from complying with, an extraterritorial measure of the United States that adversely affects trade or commerce between Canada and Cuba in substitution therefor.

• Return to footnote ^*SOR/90-751, 1990 Canada Gazette Part II, p. 4918

Ottawa, October 9, 1992

KIM CAMPBELL

Attorney General of Canada

Concurred:

BARBARA MCDOUGALL

Secretary of State for External Affairs

Short Title

1 This Order may be cited as the Foreign Extraterritorial Measures (United States) Order, 1992.

Interpretation

2 In this Order,

Canadian corporation

Canadian corporation means a corporation that is registered or incorporated under the laws of Canada or of a province and that carries on business in whole or in part in Canada; (personne morale canadienne)

extraterritorial measure of the United States

extraterritorial measure of the United States means

• (a) the Cuban Assets Control Regulations, Code of Federal Regulations, Title 31, Part 515, as amended from time to time or replaced, and

• (b) any law, statute, regulation, by-law, ordinance, order, judgment, ruling, resolution, denial of authorization, directive, guideline or other enactment, instrument, decision or communication having a purpose similar to that of the Cuban Assets Control Regulations referred to in paragraph (a), whether enacted, passed, made, done, voted, established, issued, rendered, given, taken or executed by any legislative, executive, administrative, regulatory, judicial or quasi-judicial authority or body of the United States, the District of Columbia or any of the member states or territories or possessions of the United States, or any municipality or other local authority in the United States or its territories or possessions,

to the extent that they operate or are likely to operate so as to prevent, impede or reduce trade or commerce between Canada and Cuba; (mesure extraterritoriale des États-Unis)

trade or commerce between Canada and Cuba

trade or commerce between Canada and Cuba means trade or commerce, including the free exchange of goods and services, between Canada, or Canadian nationals, corporations or other legal entities or federal, provincial or local government institutions, and

• (a) Cuba, or Cuban nationals, corporations or other legal entities or national, provincial or local government institutions, or

• (b) Canadian nationals or corporations that are designated as, deemed to be, or otherwise treated as, Cuban nationals or corporations by or pursuant to an extraterritorial measure of the United States, whether by the use of the expression designated national or specially designated national or in any other manner. (commerce ou échanges entre le Canada et Cuba)

Notice

• 3 (1) Every Canadian corporation and every director and officer of a Canadian corporation shall forthwith give notice to the Attorney General of Canada of any directive, instruction, intimation of policy or other communication relating to an extraterritorial measure of the United States in respect of any trade or commerce between Canada and Cuba that the Canadian corporation, director or officer has received from a person who is in a position to direct or influence the policies of the Canadian corporation in Canada.

• (2) The notice referred to in subsection (1) may be given by an authorized agent of the Canadian corporation, director or officer.

4 The notice referred to in section 3 shall be sent by registered mail to the Attorney General of Canada at Ottawa and set out

• (a) the name or names and capacity of the person or persons giving notice under subsection 3(1) or on whose behalf notice is given under subsection 3(2), and in the latter case the name, capacity and address of the agent;.

• (b) the name or names and capacity of the person or persons from whom the communication originated;

• (c) the full text or, if it is not in writing, the purport of the communication;

• (d) the date or dates when the communication was received; and

• (e) the period during which the communication is intended to be in effect.

Prohibition

5 No Canadian corporation and no director, officer, manager or employee in a position of authority of a Canadian corporation shall, in respect of any trade or commerce between Canada and Cuba, comply with an extraterritorial measure of the United States or with any directive, instruction, intimation of policy or other communication relating to such a measure that the Canadian corporation or director, officer, manager or employee has received from a person who is in a position to direct or influence the policies of the Canadian corporation in Canada.

6 Section 5 applies in respect of any act or omission constituting compliance, in respect of any trade or commerce between Canada and Cuba, with an extraterritorial measure of the United States or a communication referred to in that section, whether or not compliance with that measure or communication is the only purpose of the act or omission.