Canadian Lawyer

October 2008

The most widely read magazine for Canadian lawyers

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LEGAL REPORT: LABOUR AND EMPLOYMENT Canadians doing any type of work related to U.S. defence materiels or services are subject to rules that can conflict with human rights legislation in this country. A FINE BALANCE I BY HEATHE R CAPANNE LLI t's not easy being a superpower. It's a challenge to police the world, keep terrorism at bay, and tend to inter- national crises; all the while keeping the homeland safe and secure (and guarding more than a few secrets in the process). Enter the International Traffic in Arms Regulations, a set of U.S. government regulations that control the export and import of defence-related articles and services to the United States. The regulations are aimed at keeping U.S. defence information, technology, and materiel out of the hands of the "enemy," and stipulate that only U.S. citizens can handle such information unless otherwise approved by the U.S. State Department. The authorization is required when any non-U.S. person or entity receives or handles "defence- related articles" that are exported by the U.S. under ITAR. These include anything from computer chips to drawings, schematics, equipment, and www. C ANADIAN Law ye rmag.com OC T OBER 2008 43 ILLUSTRATION: JEREMY BRUNEEL

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