Foreign Extraterritorial Measures Act

The Foreign Extraterritorial Measures Act was enacted by the Canadian Parliament in 1984, and became effective February 14, 1985, in an attempt to block the extra-territorial application of United States anti-Cuba laws to Canadian corporations. The term Canadian corporations includes Canadian subsidiaries and branches of U.S. companies. The preamble to this Act reads: "An Act to authorize the making of orders relating to the production of records and the giving of information for the purposes of proceedings in foreign tribunals, relating to measures of foreign states or foreign tribunals affecting international trade or commerce and in respect of the recognition and enforcement in Canada of certain foreign judgments."

Intent

The general intent of the Act was to preclude the implementation of US law, as it relates to restrictions on trade with Cuba, to businesses in Canada. After passage of the US Act, The Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (Helms–Burton Act, Pub.L. 104–114, 110 Stat. 785, 22 U.S.C. §§ 6021–6091) further changes to the Act were approved effective January 1, 1997.

Orders

Orders implementing this Act include:

1. The Foreign Extraterritorial Measures (United States) Order (1990) dated October 31, 1990 (SOR/90-751)
2. The Foreign Extraterritorial Measures (United States) Order (1992) (SOR/92-584)
3. The Foreign Extraterritorial Measures (United States) Order (1996) (SOR/96-84)