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Canada Wants To Give a Russian Plane It Seized To Ukraine. Is That Legal?

November 09, 2023

Jessica Horwitz comments in the Washington Post on Canada's federal government using new asset seizure and forfeiture rules to transfer Volga-Dnepr Airlines’ massive Antonov-124 cargo jet to Ukraine. The move is being watched closely by other countries. Ottawa says it wants to work with Kyiv to use the aircraft to compensate victims of human rights abuses, restore international peace and security or rebuild Ukraine.

The Canadian approach has, however, raised broader questions about the purpose of sanctions.

Sanctions are “like a carrot,” says Jessica. “If you stop engaging in the bad behavior, the assets will be unfrozen. … The problem, potentially, with forfeiture is that if those assets are forfeited, the incentive to change behavior doesn’t exist anymore.”

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  • Jessica B. Horwitz Jessica B. Horwitz, Partner

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