Legal issues for an overseas internet mail order supplier

[tek]

Hypothetical question for research purposes :

1) Is it legal for a Canadian moving out to Thailand where gear is legal to purchase to provide gear over the internet to Canada/US?

note : A lot of the supplier websites have a disclaimer stating they accept no responsibility and buyer assumes all risks and should check w/their local laws and regulations.

2) By including this disclaimer, does this absolve the seller of all risks?

3) Any experienced Toronto, Canada law offices one can recommend?

Your legal input would be highly appreciated.
~Tek

 

[manny78]

1) Is it legal for a Canadian moving out to Thailand where gear is legal to purchase to provide gear over the internet to Canada/US?

Illegal. Canadian laws don't punish personal use but from the moment this turns into a business, then you will expose yourself to fines and/or jail time.

2) By including this disclaimer, does this absolve the seller of all risks?

Means shit in real life. If you're a Canadian, selling to canadians, and even worse, your business is based here in Canada, don't count on these disclaimers to save your ass. In order to sell pharmaceutic products, you need a license issued by Health Canada.

3) Any experienced Toronto, Canada law offices one can recommend?

I answered this in your other thread.

 

[Porky Pig]

Perhaps the question is being miss understood...

If he moves to Thailand he is subject to the laws of his residential country (Thailand) as AAS seem to have no control (I have not verified this in point of law only in on the ground observation) then he is not breaking the law in his 'home' country.

I can walk in the Chemist and buy almost any steriod I want... It would appear I am then able to resell and market this without any controls within Thailand.

The question really comes down to can an exporter be punished in another country for sending AAS out of that country and into the N american markets... And if so where ??

I too am interested in this as it is trivial to obtain and post them from here. This can be done with full police knowledge and no interferance.

BTW where in the land of smiles are you coming too ??

 

[tek]

Thank u Manny for your quick reply but as Porky Pig has stated, the question has been misunderstood.

In a nutshell, to quote Porky Pig :

"The question really comes down to can an exporter be punished in another country for sending AAS out of that country and into the N american markets... And if so where ?? "

Porky Pig, I will be residing out in Phuket where it is truly the land of smiles. Are u out there yourself?

~Tek

 

[Porky Pig]

You have a PM...

Really going by simple logic...

While you may be comitting a crime to send a controlled substance into the US is this something they would consider an extradition charge for ??? Personally I think not... Also if you are masking your identity in Thailand they then need to perform investigation to even identify you and how would they perform that in Thailand.

Basically for a supplier in a country where it is unrestricted with some basic precautions I would think this was pretty safe..

 

[manny78]

Thank u Manny for your quick reply but as Porky Pig has stated, the question has been misunderstood.

In a nutshell, to quote Porky Pig :

"The question really comes down to can an exporter be punished in another country for sending AAS out of that country and into the N american markets... And if so where ?? "

Porky Pig, I will be residing out in Phuket where it is truly the land of smiles. Are u out there yourself?

~Tek

If you live in Thailand, have their citizenship and do your business there, then it would be difficult for canadian authorities to catch you BUT I still believe you need a license in order to export to other countries AND since Thailand is a close partner to US and Canada this could result in your arrest. Also since you're still a canadian citizen, yes extradition is another option, as I'm sure Thailand laws dont allow exportation without approbation of their Health minister.

 

[ROID WARRIOR]

If one were importing AAS into the US and selling without requiring a prescription they would technically violate 21 USC 841 as well as the importation laws, 21 USC 960 and 21 USC 952.

The problem in the instance described would be for the prosecutor to obtain jurisdiction to prosecute. This is evidenced by the FDA's recent action in sending notice letters to foreign pharmacies. The FDA is essentially advising these companies that their activity is violating US law. However, the use of the letter is simply a plea to the pharmacy to cease it's activity. The FDA is otherwise a toothless tiger because it would be too difficult obtain jurisdiction to prosecute an entity that would most likely evaporate overnight and begin operation as another entity elsewhere.

RW

 

[genarr4]

Given this scenario it would seem the Canadian in Thailand would be somewhat safe. But what happens if this Canadian's name becomes known to Canadian Authorities and he RETURNS to Canada? Might he have a problem then? I would think so.

 

[Porky Pig]

Agreed keeping your identity private for later travel would be important.

 

[manny78]

Given this scenario it would seem the Canadian in Thailand would be somewhat safe. But what happens if this Canadian's name becomes known to Canadian Authorities and he RETURNS to Canada? Might he have a problem then? I would think so.

He's screwed. He should really keep his identity private. Most drug dealers in exile commit one or even both of the following mistakes:

- they brag about their business and the fact canadian authorities are looking for their ass

- they go back to Canada once in a while...