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ARTICLE · 25 JANUARY 2016

Directors And Officers Liability For Failure To Obtain An Export Permit

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If the officer/director can show that that he/she exercised due diligence to prevent an offence from taking place, he/she should not be convicted (depending on the facts).

CanadaInternational Law
Cyndee Todgham Cherniak
Cyndee Todgham Cherniak
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The Government of Canada (in particular Global Affairs Canada) may pursue directors and officers of a corporation who fail to obtain the required export permits, licenses and certifications. Corporations cannot act on their own. Individuals make decisions that cause the corporation to take actions. With respect to exports, individuals take the steps that cause the export to occur. It may be that an individual makes the decision to not obtain the required export permit, license or certificate. For example, a good may be on Canada’s Export Control List and officer/director may be prosecuted for failing to obtain an export permit when that officer/director authorized an export of the good in circumstances where a general export permit or exemption does not apply.

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