Prosecutions and Seizures

Pacific Region

CBSA charges two West Vancouver residents for contravening the Customs Act and Export and Import Permits Act

Vancouver, British Columbia, May 27, 2010 – The Canada Border Services Agency (CBSA) announced today that it has charged two West Vancouver residents under the Export and Import Permits Act and the Customs Act. On April 29, 2010, Steven de Jaray, 53, and Perienne de Jaray, 26, were each charged with one count of exporting goods or technology subject to export controls, without an export permit, contrary to the Export and Import Permits Act and one count of failing to report commercial goods for export, contrary to the Customs Act.

"Preventing the illegal export of goods from Canada and ensuring that goods for export meet the reporting requirements under the Customs Act and the permit requirements under the Export and Import Permits Act are essential responsibilities of our border services officers. These responsibilities are critical in controlling the export of strategic and dangerous goods, as well as other controlled goods that must be reported regardless of their value," stated Sari Hellsten, District Director of the CBSA at Vancouver International Airport. "Working in tandem with the Department of Foreign Affairs and International Trade Canada (DFAIT) enhances the CBSA's ability to detect illegal exports and prevent threats to international security, while ensuring that legitimate goods and travellers can cross the border efficiently."

In December 2008, two packages destined for Hong Kong were detained by border services officers at Vancouver International Airport for a secondary examination to determine the export control status of the goods contained therein. The CBSA contacted DFAIT to carry out a technical assessment of the goods.

DFAIT determined that two types of electronic chips contained in the packages were dual-use goods included on the Export Control List. A dual-use good is a commercial/civilian product that also has a significant military application. Dual-use goods and technology require export permits for legal export from Canada. However, no export permits were presented for the two packages that contained 5100 electronic chips valued at over $200,000. The goods in the packages were declared as having a total value of $1,375.

In February 2009, the CBSA Criminal Investigations Division executed search warrants on the exporter's residence and business.

"Canada has a responsibility to ensure that goods entering the international market from Canada do not pose a threat to international peace and security," said Neil Galbraith, Director, Criminal Investigations Division, CBSA. "The CBSA's criminal investigators support the CBSA's public safety and economic prosperity objectives by investigating and pursuing the prosecution of those who commit criminal offences against Canada's border legislation."

The Export and Import Permits Act charge carries a maximum punishment of ten years in prison and a fine in an amount set by the court (there is no statutory maximum on the fine that can be set by the court). The Customs Act charge carries a maximum penalty of five years in prison and a $500,000 fine.

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For media information

Hannah R. Mahoney
Communications Advisor, Pacific Region
Canada Border Services Agency
604-666-6084