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Compliance Study: Canada

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MIDDLE EAST

"We reaffirm our determination to enforce full implementation of all UN Security Council resolutions concerning Iraq and Libya only full compliance with which could result in the lifting of all sanctions."

Grade: +1

Background
On August 7, 1990, the United Nations Security Council adopted resolution 661 which put in place a comprehensive economic embargo on Iraq in response to that country's August 2, 1990 invasion of Kuwait. The embargo prohibited UN members from undertaking any trade or financial transactions with the Iraqi government, with the exception of the UN-approved provision of humanitarian items such as food and medical supplies. (5) In an effort to tighten the sanctions, the Security Council passed resolution 665 on August 25, 1990. Resolution 665 created the Multinational Interception Force which was mandated to "halt all inward and outward maritime shipping in order to inspect and verify their cargoes and destinations and to ensure strict implementation of the provisions related to such shipping laid down in resolution 661 (1990)." (6) In order to ease the hardships that the above sanctions had created for the Iraqi people, the Security Council passed resolution 986 in 1995. Under a May 1996 agreement between the UN and the Iraqi government, resolution 986 permits Iraq to sell two billion dollars worth of oil every six months, and to use those funds to purchase medical and other humanitarian supplies.

Next, the sanctions that have been imposed on Libya stem from that country's involvement in supporting international terrorism. Dating back to the early 1980's, the UN embargo on Libya was strengthened in 1992 in response to Libya's suspected involvement in the bombings of Pan Am flight 103 over Lockerbie, Scotland in 1988, and of the French UTA flight 772 in 1989. In addition to the previously implemented trade sanctions, the 1992 measures require that UN members sever all air links with Libya, and refrain from providing the Libyan government with aviation parts or service. (7) The sanctions against Libya were further reinforced in 1993 when Security Council resolution 883 placed a limited freeze on Libya's international assets, and banned the sale to Libya of some types of oil-processing equipment. (8)

Analysis
By the time that the above commitment was made at the Lyon Summit, Canada was already in full compliance with the UN resolutions pertaining to Iraq and Libya. (9) For instance, immediately following the Iraqi invasion of Kuwait, Canada banned the import of Iraqi oil, restricted Canadian exports to Iraq, curtailed export promotion activities, froze Iraqi assets, and discontinued cultural and academic programs. (10) With respect to Libya, Canada had, prior to the Lyon Summit, banned the export of oil equipment, required that permits be issued to all companies wishing to export to Libya, restricted Canadian provision of aid to that country's aviation industry, supported the UN arms embargo, and has undertaken further measures to restrict Canadian businesses from becoming active in Libya. (11)

Although no new initiatives seem to have been undertaken in the post-summit period, this is largely the result of first, the high level of compliance that existed prior to the making of the commitment, and second, the fact that no new UN resolutions have been adopted requiring an intensification of the sanctions against Iraq and Libya. (12) Thus, with no new actions being necessary to bring Canada into line with existing UN resolutions as a result of Canada's plus one level of compliance before the Lyon Summit, and having maintained effective enforcement of the sanctions following the summit, the maintenance of Canada's plus one grade is justified.

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