Canada protests embargo-case verdict
BY NANCY SAN MARTIN
A guilty verdict by a Philadelphia jury against a Canadian businessman
charged with violating the
Cuban trade embargo could lead to an international dispute between the
United States and Canada
over trade relations with the communist-ruled nation, according to foreign
trade experts.
The Canadian government has lodged protests with the State Department about
the case, according to
Canadian press reports, and officials said Thursday they were carefully
reviewing the conviction.
''Exports from Canada to Cuba are permitted under Canadian law,'' said
Rodney Moore, a spokesman
for the Canadian Embassy in Washington. ``We have a policy of engagement
and Canada believes
that policy -- politically and economically -- has more potential to encourage
greater respect for human
rights, democracy, development and economic reform in Cuba than a policy
of isolation.''
James Sabzali, a 42-year-old Canadian citizen, was convicted Wednesday
of violating the Trading with
the Enemy Act by selling water purification supplies to Cuba. Two American
owners of the
Pennsylvania-based corporation he worked for also were found guilty.
But Sabzali is believed to be the first foreign national to be convicted
in a U.S. court of trading with
Cuba, opening the door to international criticism for the prosecution of
acts that are legal in Canada.
The case is regarded by some as a challenge to Canadian sovereignty, particularly
because of a law
known as the Canadian Foreign Extraterritorial Measures Act, which prohibits
Canadian business
people from complying with the U.S. trade ban. Several of the charges involve
activities that occurred in
Canada.
''The whole issue of this thing has to do with the extraterritoriality
of this [U.S.] law,'' said Eduardo
Gamarra, a political science professor at Florida International University.
``The repercussions will be
interesting to see. It could become an international legal battle if Canada
takes the case before the
World Trade Organization and files an accusation against the United States
for being an obstacle to
free trade.''
Cuba is Canada's largest trading partner in the Caribbean, with imports
and exports between both
countries estimated at more than $435 million a year.
Assistant U.S. Attorney Joseph Poluka said the ''document-intensive case''
involving some 25,000 pieces
of paperwork has nothing to do with Canada's commerce with Cuba.
''There is no dispute that the man is a Canadian citizen,'' Poluka said.
``The indictment doesn't allege
that they did anything wrong by going to Cuba. The problem is they had
to come here for the products.
This case is about commerce between the United States and Cuba. These men
not only broke the law,
but they conspired to break it.''
The verdict comes as an increasing number of American corporations have
been promoting sales to
Cuba, and lobbying efforts to lift the 42-year-old embargo have grown louder
on Capitol Hill. Under U.S.
law, only the sale of food and medicine is allowed.
Sabzali, a salesman now living in suburban Philadelphia, was working for
a Canadian subsidiary of
Bro-Tech Corp. when the transactions totaling $2.1 million began with Cuba.
The product sold to Cuban
involves a chemical resin used to purify and soften water. The supplies
made their way to Cuban
hospitals and factories from plants owned, directly or indirectly, by Bro-Tech,
the indictment states.
Almost half of the charges in the case relate to activities conducted between
1992 and 1996 while
Sabzali was living in Ontario. He joined the company's Philadelphia-area
headquarters in 1996,
according to the indictment.
Sabzali and business owner Donald Brodie, 54, of Bryn Mawr, Pa., were convicted
on numerous counts
of illegal trade. Brodie's brother Stefan Brodie, 58, of Philadelphia,
was convicted of conspiring to violate
the embargo.