Can somebody explain to me on what authority the US can request the arrest of a Chinese national on Canadian soil for any action they took while conducting operations of a Chinese organization headquartered in China?
Canada has arrested Huawei’s global chief financial officer in Vancouver
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Re: Canada has arrested Huawei’s global chief financial officer in Vancouver
#12Can somebody explain to me on what authority the US can request the arrest of a Chinese national on Canadian soil for any action they took while conducting operations of a Chinese organization headquartered in China?
What "authority" do you need to ask for a favor from a friendly ally? Canada also has active economic sanctions against Iran.
Re: Canada has arrested Huawei’s global chief financial officer in Vancouver
#13If the whole company is suspected of breaking the embargo, why is just the CFO arrested? Was she just the one they could get?
Also, it seems weird that Huawei can sell their own products to Iran but not American products they own.
Re: Canada has arrested Huawei’s global chief financial officer in Vancouver
#14Can somebody explain to me on what authority the US can request the arrest of a Chinese national on Canadian soil for any action they took while conducting operations of a Chinese organization headquartered in China?
Re: Canada has arrested Huawei’s global chief financial officer in Vancouver
#15Can somebody explain to me on what authority the US can request the arrest of a Chinese national on Canadian soil for any action they took while conducting operations of a Chinese organization headquartered in China?
Canada arrested him, not the US.
If you mean, what is the authority for the US to ask Canada to do that, well, asking doesn't require any special authority; OTOH, the US does have an extradition treaty with Canada [0], and while trade sanctions violations don't appear to be an enumerated offense covered by the extradition treaty, sanctions violations tend to also involve false declarations and certain kinds of frauds, which are covered.
[0] https://www.oas.org/juridico/mla/en/traites/en_traites-ext-c...
Re: Canada has arrested Huawei’s global chief financial officer in Vancouver
#16Can somebody explain to me on what authority the US can request the arrest of a Chinese national on Canadian soil for any action they took while conducting operations of a Chinese organization headquartered in China?
Re: Canada has arrested Huawei’s global chief financial officer in Vancouver
#17Wow this seems like a huge deal. If the whole company is suspected of breaking the embargo, why is just the CFO arrested? Was she just the one they could get? Also, it seems weird that Huawei can sell their own products to Iran but not American products they own.
This seems likely. Any officer of the company might do in this circumstance. She might be the only one currently accessible in a country friendly to US extradition.
Re: Canada has arrested Huawei’s global chief financial officer in Vancouver
#18Can somebody explain to me on what authority the US can request the arrest of a Chinese national on Canadian soil for any action they took while conducting operations of a Chinese organization headquartered in China?
Some times the US later finds out that the arresting country’s courts found no authority or legality for their own country to arrest the person and wont continue with extradition. This happened in New Zealand.
So typically a bit more research is needed and they find a way to get it right in future cases.
Another thing the US does is send an FBI agent to merely observe the arrest, to ensure that it is later compatible with US courts as well. Its a lot of organizations to make happy but the US is essentially one of the only organizations with the resources and interest to bother.
It is an interesting outcome of the nation state concept.
Re: Canada has arrested Huawei’s global chief financial officer in Vancouver
#19Wow this seems like a huge deal. If the whole company is suspected of breaking the embargo, why is just the CFO arrested? Was she just the one they could get? Also, it seems weird that Huawei can sell their own products to Iran but not American products they own.
If the basis of extradition is fraud by a corporate officer (which seems to be one of the more likely offenses in a trade sanctions case actually covered by the extradition treaty, as sanctions violations themselves are not), then the question is how many corporate officers of Huawei are in Canada and exposed to extradition?
Re: Canada has arrested Huawei’s global chief financial officer in Vancouver
#20Can somebody explain to me on what authority the US can request the arrest of a Chinese national on Canadian soil for any action they took while conducting operations of a Chinese organization headquartered in China?
https://www.oas.org/juridico/mla/en/traites/en_traites-ext-c...