Canada’s Iranian Immigrants Could See Reprieve As EU Court Strikes Down SWIFT Embargo

A branch of Bank Saderat in South East Iran. In two rulings over the last week, the EU General Court found there was insufficient evidence that Bank Saderat and Bank Mellat, the two largest private banks in Iran, were involved in Iran’s nuclear program, and ordered the EU sanctions against them to be lifted

According to an article by Jon Matonis in Forbes, the General Court of the EU has ruled that European Union sanctions against two of Iran’s largest private banks, Bank Mellat and Bank Saderat, must be reversed, due to lack of evidence that they are involved in Iran’s nuclear program.

If the ruling stands, it would allow Iranian-Canadians to once again send and receive money to and from family members in Iran using the international banking system.

EU sanctions forced the Society for Worldwide Interbank Financial Telecommunication (SWIFT), headquartered in Brussels, Belgium, to eject Iran from its global financial messaging service, which almost all bank wires around the world use.

It effectively isolated Iranians from the global financial system and prevented Iranian students from receiving money from their parents while studying in Canada, and Iranian-Canadians from sending money to elderly parents in Iran whose pensions have been hit by the devaluation of Iranian currency.

While many in the Iranian diaspora, including in Canada’s Iranian immigrant community, are critical of Iran’s current government and its human rights record, the sanctions against the country have drawn criticism for their unprecedented broadness, and the apparently exceptional treatment Iran is receiving among the world’s countries.

Many see the fact that even countries charged with committing genocide have been allowed to stay in the SWIFT financial network, while Iran was ejected, as evidence of a double standard against Iran, and an attitude that Iranian civilians are acceptable collateral damage to achieve geopolitical aims.

Their claims have been validated by some of the statements made by U.S. political representatives, like Rep. Brad Sherman (D-CA), who wrote in October 2010: “Critics also argued that these measures will hurt the Iranian people. Quite frankly, we need to do just that.”

In a statement in December 2012, Canada’s Foreign Minister, John Baird, announced new Canadian sanctions targeting the Iranian economy:

“Canada’s measures also target economic sectors that indirectly support or provide funds for Iran’s nuclear program: oil and gas, mining, metals, and shipping. The amended regulations further isolate Iran from the global financial system.”

The sanctions include an exemption for transfers of $40,000 or less between family members in Canada and family members in Iran.

Iranian Immigrants Being Singled Out For Extra Scrutiny by Canadian Government

Iran's largest car manufacturer, Iran-Khodro, is one of the hundreds of companies sanctioned under Canada's Special Economic Measures Act (SEPA). An employment history with the firm can potentially cause difficulties for Iranians seeking to immigrate to Canada.

Immigration Minister Jason Kenney said this week that Iranians applying for immigration to Canada are being “rigorously” screened by the Canadian government for links to the Iranian political leadership.

Kenney cited the Immigration and Refugee Protection Act (IRPA), saying it bars any one linked to “the Iranian Revolutionary Guard … the Basij or senior members of the regime” from immigrating to Canada.

This week the Harper government placed Iran and Syria on its list of state sponsors of terrorism, and section 34 of the IRPA which Kenney referred to deems members of organizations believed to be engaged in terrorism to be inadmissible to Canada.

A number of Iranian-Canadian human rights and dissident group activists have for years urged the Canadian government to prevent individuals linked to the Iranian regime from immigrating to Canada. They say that senior members of the Iranian government have managed immigrate to Canada and worry that they will be able to extend the reach of the Iranian government into Canada and intimidate Iranian-Canadians who oppose the regime.

Prominent Iranian-born human-rights activist and former Miss Canada Nazanin Afshin-Jam, who is married to Canadian Defence Minister Peter MacKay, said in July that the Iranian embassy in Ottawa should be shut down, saying it “has no purpose here” and is used to spread “propaganda”.

The Harper government has heeded their calls and put in place two rounds of sanctions against Iran, in July 2010 and November 2011, as well as shutting down the Iranian embassy in Canada and the Canadian embassy in Tehran and putting Iran on its list of state sponsors of terrorism this week.

The punitive actions have affected many with no links to the regime however. The closure of the Iranian embassy in Ottawa this week left thousands of Iranian students without consular services in Canada and no where to turn to receive them.

Likewise, Canadian economic sanctions, ostensibly put in place to prevent the Iranian government from funding its nuclear program, resulted in a major Canadian financial institution, TD Bank, shutting down the bank accounts of over 100 Iranian-Canadians.

It has also led to a few cases of Iranians with no relationship to the Iranian government having their application for immigration to Canada rejected in the last phase of the selection process. The reason given was that they had an employment history that included positions at companies sanctioned due to their links to the Iranian government.

For Iran’s professional class, avoiding employment at firms with links to the Iranian government is nearly impossible in some cases, as Iran’s government and Revolutionary Guard have major stakes in almost every large commercial entity in the country, so the effect of these sanctions is to prevent many of Iran’s best and brightest, who have no political links, and are seeking a better life in a new country, from being able to immigrate to Canada.

Would-be Iranian immigrants have also been facing extra difficulties in the immigration process due to the effects of financial sanctions imposed last year, which require any one wanting to send their money from Iran to Canada to first acquire a special permit from the federal government that can take any where from four to eight weeks to issue.