A man with dual Canadian-Pakistani citizenship has been detained in the U.S. for allegedly circumventing export control laws.
Mohammad Jawaid Aziz, also known as Jawaid Aziz Siddiqui and Jay Siddiqui, 67, was arrested on March 21 in Washington state after attempting to cross into the U.S. using the Peace Arch B.C. border crossing.
Len Saunders, an immigration lawyer based in Blaine, Wash., said Aziz contacted him about eight years ago with questions about admissibility to the United States.
He then met Aziz in 2022 at Peace Arch Park at the Peace Arch border crossing.
“We talked about admissibility to the United States. I don’t remember the exact details, but he did have some concerns about entering the United States and then I never heard back from him,” Saunders told Global News.
He added that Aziz is in federal detention, which is located in SeaTac.
“That’s serious federal crimes,” Saunders said.
“I’ve been practicing U.S. immigration law in Blaine for 25 years and this is only a handful of cases that I’ve seen where someone’s actually been arrested and taken down to Seattle.”
Saunders described it as “unprecedented.”
He added that, from his understanding, Aziz was invited to come to the U.S. by the Department of Homeland Security.
“It seems to me one of those bait-and-switch,” Saunders said. “From what I can see, it looks like he may have received a letter in the mail from Homeland Security and believed what it said and went to the border. It saved the Americans from extraditing this individual from Canada.”
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The U.S. Department of Justice alleges Aziz operated an illicit procurement network using his Canada-based company, Diversified Technology Services.
The department states this network was used to obtain U.S.-origin goods on behalf of prohibited entities in Pakistan that were associated with the country’s nuclear, missile, and Unmanned Aerial Vehicle (UAV) programs.
The goods consisted of dual-use technology and materials to support Pakistan’s nuclear, drone and missile programs, essentially the components needed to make them
It is alleged that from 2003 to March 2019, Aziz procured various goods, including sensitive and restricted items subject to export administration regulations (EAR) and those on the Commerce Control List, from U.S. companies on behalf of the restricted entities in Pakistan.
As alleged, he and his co-conspirators worked to conceal the true end-users of the goods from U.S. companies, often using front companies and transshipping goods through third countries to evade detection, according to the Department of Justice.
Under the U.S. government’s Department of Commerce, certain goods and technologies from the U.S. to foreign countries are reviewed and controlled. The department placed restrictions on the export of goods and technologies that it determined could make a significant contribution to military potential or nuclear proliferation of other nations that could be detrimental to U.S. foreign policy or national security.
According to court documents from the U.S., Aziz would approach U.S. companies about procuring goods requested by the restricted Pakistani organizations and companies through a company based in Karachi, Pakistan, called International Trading Company.
When he would receive pricing information, Aziz and his co-conspirators would submit quotes to the restricted entity in Pakistan, typically with an upcharge that would allow them to profit from the transaction.
If the amount was agreed upon, court documents state that the goods would be exported directly to Pakistan or transshipped to Pakistan through a third country, without export licences, which violates U.S. law. These items included industrial workstations, a thermal conductivity unit and a centrifugal pump, according to the documents.
Aziz is charged with conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and Export Control Reform Act, which carries a maximum statutory penalty of five years in prison; and violating the Export Control Reform Act, which carries a maximum statutory penalty of 20 years in prison.
On March 27, a Seattle judge determined that Aziz posed a serious flight risk and that he should not be granted bail.
The Department of Justice says Aziz remains in custody as of Friday, pending transfer to Minnesota, where the investigation is largely based.
None of the allegations have been proven in court.
The indictment says Pakistan first tested a nuclear bomb in 1998, and the United States has imposed export restrictions on the country and entities linked to the Pakistani military programs since then.
— with files from The Canadian Press
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