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   Vol.66/No.16            April 22, 2002 
 
 
Canadian man faces jail for sales to Cuba
 
BY MAURICE WILLIAMS  
In a first in Washington's war against the Cuban Revolution, a U.S. federal grand jury in Philadelphia convicted a Canadian citizen under the U.S. Trading with the Enemy Act.

James Sabzali, a salesman from Ontario, Canada, could face up to life in prison and more than $5 million in fines for selling water purification supplies to Cuba while employed by a Canadian subsidiary of a U.S. company.

Sabzali, the first Canadian citizen charged with violating the U.S. embargo laws against Cuba, worked for the U.S.-based Bro-Tech Corporation, which also operates as Purolite in Canada. As an employee of Purolite Sabzali traveled to Cuba numerous times between 1991 and 1995 and sold $2 million worth of water purification chemicals to Cuban hospitals and factories. In 1996 he moved to Philadelphia after being promoted to director of marketing at Bro-Tech.

After a five-year investigation, the U.S. Justice Department filed a 76-count indictment against him and two other company executives. Sabzali was convicted on 20 counts and Stefan Brodie, the company president, was convicted on 33 of the 76 counts. Both men, along with company vice president Donald Brodie were convicted of conspiracy to violate the Cuban trade embargo.

Sabzali was convicted on seven of 34 charges for actions taken in Canada. He was also convicted on 13 counts of violating the embargo in his capacity as marketing director at the Philadelphia office for approving reimbursements to Canadian salesman Claude Gauthier for travel expenses to Cuba.  
 
'Extraterritorial' claims
The extraterritorial character of the U.S. embargo laws against Cuba has added to the trade frictions between the imperialist governments of Washington and Ottawa. While hostile to the Cuban Revolution, Ottawa maintains diplomatic and trade relations with the Cuban government.

The Cuban Democracy Act of 1992, known as the Torricelli law, prohibits foreign subsidiaries of U.S. companies from trading with Cuba. The 1996 Cuban Liberty and Democratic Solidarity (Libertad) Act, or "Helms-Burton" law, allows U.S. businessmen whose properties on the island were confiscated to sue companies abroad that invest in those properties.

Sabzali explains that while in Canada he was legally prohibited from complying with the U.S. embargo under Canada's Foreign Extraterritorial Measures Act.

The Canadian government has folded its arms in the case. "There has been no contact, official, or unofficial, with the Canadian government," Sabzali said the day before his trial ended.

"Mr. Sabzali knew pretty well when he moved to the U.S. that he might run the risk of being indicted," said Canadian foreign affairs spokesman Reynald Doirun.

"That's ridiculous," said Sharon Moss, Sabzali's wife, during the trial. "That means that nobody [from Canada] who's traveled to Cuba can cross the U.S. border."

Sabzali has been barred from traveling more than an hour from his home in Bala Cynwyd, Pennsylvania, without written permission. The U.S. government holds the passports of his entire family and the deed to his house.

Cuban foreign minister Felipe Pérez Roque condemned the court verdict against Sabzali. "They have found him guilty in the U.S., put him on trial for selling Cuba resins to purify the water which goes to our schools and homes, and now he could face a sentence of up to 205 years in prison," he said.

Defense attorney Robert Welsh said that Sabzali and the two other Bro-Tech officials plan to appeal their convictions.  
 
 
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