Huawei CFO arrested in Canada for breaking US sanctions

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I wonder on what legal basis the US can have someone arrested in another country for breaking their sanctions regime? Or has Canada imposed those sanctions  as well? Otherwise I´m struggling to understand why any country can have his laws enforced in another country even if the deed is not punishable there.

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Google is your friend when you want to understand things that most functioning adults know.

TREATY ON EXTRADITION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

 

Furthermore

 

Quote

Sources told Reuters in April that U.S. authorities have been probing Huawei, the world's largest telecoms equipment maker, since at least 2016 for allegedly shipping U.S.-origin products to Iran and other countries in violation of U.S. export and sanctions laws.

 

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How dare China summon a US Ambassador!

 

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The Chinese foreign ministry on Sunday summoned U.S. Ambassador to China Terry Branstad to protest the detention of a senior tech executive by the Canadian authorities "at the unreasonable behest of the United States."

Vice Foreign Minister Le Yucheng demanded the release of Meng Wanzhou, chief financial officer of Huawei Technologies, who is accused by U.S. officials of attempting to circumvent U.S. sanctions on Iran.

 

(subheading: Things functioning adults understand.)

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On 7.12.2018, 07:46:18, AlexTr said:

Google is your friend when you want to understand things that most functioning adults know.

TREATY ON EXTRADITION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA

 

Furthermore

 

 

As far as I´m aware extradition agreement usually stipulate that you´ll only be extradited if the offense you´re accused of is punishable in the respective country you´re apprehended in. Is it punishable in Canada to violate US santions? If so there a lot of German executives who better don´t travel there as their companies have dealings with Iran.

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Violating Canadian sanctions is a crime, therefore...

 

Why do you want this not to be legal?

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That was part of my question. Has Canada imposed sanctions against Iran as well? If so, why not prosecute her in Canada but rather extradite her? To me something seems to not add up. Would e. g. German businessmen working for companies which do business with Iran be at risk as well when traveling to the US or Canada? I´m struggling to see how US laws can be enforced in other countries.

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I totally understand @jeba's question.    The suspect is linked to a crime in the USA.  If it is not a crime in Canada it looks weird that they proceeded to arrest her in Canada soil.    I don't think every country in the world (or western world) includes in their laws "Breaking American international sanctions is illegal".

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Treaty on Extradition Between the Government of Canada and the Government of the United States of America

E101323 - CTS 1976 No. 3

CANADA AND THE UNITED STATES OF AMERICA,

DESIRING to make more effective the co-operation of the two countries in the repression of crime by making provision for the reciprocal extradition of offenders,

 

Entire document on Goverment of Canada site.  I am not a lawyer and offer no legal opinion on this or other matters.

 

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https://www.theglobeandmail.com/opinion/article-on-the-huawei-extradition-case-canadas-legal-system-better-stand-up/

 

" Another requirement to be met is “double criminality,” which means the court must find that the crime for which Ms. Meng is sought also amounts to a crime in Canada in order for extradition to be completed.

At the moment it appears that the basis of the U.S. case is fraud and conspiracy to defraud, with some relation to breach of sanctions. Fraud offences are known to Canadian law, and under our Special Economic Measures Act, it is an offence to have economic dealings with foreign states against which the government has issued sanctions, and Iran is one of the listed states. While this may be a parallel to the relevant U.S. laws, one important difference is that Canada’s law is not applied against foreign nationals who act outside Canada, whereas it appears the U.S. is pursuing Ms. Meng for conduct that did not touch American territory. Moreover, sanctions are as much a tool of foreign policy as they are a form of regulation, and an extradition case on this basis will be breaking new ground, and courting uncertainty. "

 

 

The whole article is very interesting, things are not so clear.  And again, @jeba's question makes total sense.

 

I think this case will re-shape international affairs and trading.   Giving the power to USA to enforce their politically motivated sanctions in other territories is dangerous, in my opinion.

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On 12/10/2018, 9:15:05, jeba said:

That was part of my question. Has Canada imposed sanctions against Iran as well? If so, why not prosecute her in Canada but rather extradite her? To me something seems to not add up. Would e. g. German businessmen working for companies which do business with Iran be at risk as well when traveling to the US or Canada? I´m struggling to see how US laws can be enforced in other countries.

 

It's not US laws that are being enforced in Canada, it's an EXTRADITION TREATY between Canada and the US. That's how it works. Most countries in the world are part of Interpol, too, where similar actions are done (though can be ignored). Arrested does not mean found guilty, it's 'simply' being apprehended so the police and court system can assess whether a trial can proceed. In this case, it is whether Ms. Meng can be extradited to the US. Whether the US has a case against her when she's there is another thing. I am somewhat doubtful of a successful prosecution. Locking her up for 30 years would be some major sabre-rattling.

 

I thought it particularly amusing that China screamed "human rights violated!!" when she was arrested. They certainly (think) they know what will push buttons and gain sympathy in the West. As if China cares about human rights, lol.

 

This is entirely about China, not so much Iran. Meng's a bargaining chip. Frankly, this is a bold move by the US, and shows you they are still World Police for now. Usually the wasp's nest is not so obviously poked and prodded. We can expect retaliation in some form though. And let's not kid ourselves either. Huawei 100% skirted the sanctions with a flimsy shell company (they are hardly the one ones.) They knew what they were doing. Meng, as a senior executive, would certainly know what was going on, if not been directly involved in it. The court case needs to play itself out (though I'm doubtful it will in the long-run).

 

Huawei says they are independent from the state, but no company or individual in China is ever really independent from the state. CPC functionaries may not be poring over Huawei data right now, nor have done so (but you can bet there are certainly moles or "patriots" within the company), but they can certainly march in and get these at any time. The recent paranoia about their involvement in critical communications infrastructure is, IMO, justified. As it is, they have made very cheap gains by funding universities in the West (a few mil here and there for a new building or a couple grad positions for Chinese students) and requiring technology transferring/sharing back to Huawei from Western publicly-funded institutions. Maybe the company is "innocent", but it is a partner of the CPC. You don't get anywhere high in China without guanxi (connections), and that means at a minimum openness to the CPC. And also these days, with "Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era". I.e. towing the Emperor Xi line. 

 

Let's hope no wumao find this post...

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