SPECIAL ECONOMIC MEASURES ACTSpecial Economic Measures (Burma) RegulationsP.C.2007-1913200712
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Whereas the Governor in Council is of the opinion that the situation in Burma constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1) to (3) of the Special Economic Measures Acta, hereby makes the annexed Special Economic Measures (Burma) Regulations.S.C. 1992, c. 17InterpretationDefinitionsThe following definitions apply in these Regulations.arms and related material means any type of weapon, ammunition, military vehicle or military or paramilitary equipment, and includes their spare parts. (armes et matériel connexe)Burma means Myanmar, and includesany political subdivision of Myanmar;the government, and any department of Myanmar or of a political subdivision of Myanmar; andany agency of Myanmar or of a political subdivision of Myanmar. (Birmanie)controlling interest[Repealed, SOR/2012-85, s. 1]designated person means a person whose name is listed on the schedule in accordance with section 2. (personne designée)Minister means the Minister of Foreign Affairs. (ministre)pension[Repealed, SOR/2022-8, s. 1]SOR/2012-85, s. 1SOR/2022-8, s. 1ListDesignated personA person whose name is listed in the schedule is a person who is in Burma, or is or was a national of Burma who does not ordinarily reside in Canada, and in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe isa current or former senior official of Burma;an associate or family member of a person referred to in paragraph (a);an entity owned, held or controlled, directly or indirectly, by a person referred to in paragraph (a) or (b) or acting on behalf of or at the direction of such a person;an entity owned, held or controlled, directly or indirectly, by Burma, or acting on behalf of or at the direction of Burma; ora senior official of an entity referred to in paragraph (c) or (d).SOR/2022-8, s. 2SOR/2023-175, s. 1ProhibitionsAsset freezeSubject to section 18, it is prohibited for any person in Canada and any Canadian outside Canada todeal in any property, wherever situated, that is owned, held or controlled by or on behalf of a designated person;enter into or facilitate any transaction related to a dealing referred to in paragraph (a);provide any financial or related services in respect of a dealing referred to in paragraph (a);make available any goods, wherever situated, to a designated person or a person acting on behalf of a designated person; orprovide any financial or related service to or for the benefit of a designated person.SOR/2012-85, s. 2SOR/2022-8, s. 3Restricted or prohibited activitiesSubject to section 19, it is prohibited for any person in Canada and any Canadian outside Canada toexport, sell, supply, ship, transport or otherwise deal in arms and related material or aviation fuel, wherever situated, destined for Burma or any person in Burma;import, purchase, acquire, ship, transport or otherwise deal in arms and related material, wherever situated, that are exported from Burma after December 13, 2007;transfer, provide or communicate technical data related to military activities or to the provision, manufacture, maintenance or use of arms and related material to Burma or any person in Burma; orprovide or acquire financial or other services related to military activities or to the provision, manufacture, maintenance or use of arms and related material to, from or for the benefit of or on the direction or order of Burma or any person in Burma.SOR/2012-85, s. 2SOR/2023-13, s. 1Insurance — shipsSubject to section 19, it is prohibited for any person in Canada and any Canadian outside Canada to provide insurance or reinsurance to or for the benefit of or on the direction of Burma or any person in Burma in relation to ships transporting aviation fuel to Burma.Existing insuranceSubsection (1) does not apply in respect of existing insurance or reinsurance until 30 days after the day on which this section comes into force.SOR/2023-228, s. 1[Repealed, SOR/2012-85, s. 2][Repealed, SOR/2012-85, s. 2][Repealed, SOR/2012-85, s. 2][Repealed, SOR/2012-85, s. 2][Repealed, SOR/2012-85, s. 2][Repealed, SOR/2012-85, s. 2][Repealed, SOR/2012-85, s. 2]Assisting in a prohibited activityIt is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any activity prohibited by any of sections 3 to 5.SOR/2012-85, s. 3SOR/2019-61, s. 1SOR/2023-228, s. 2Duty to DetermineDeterminationEach of the following entities must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a designated person:authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada or banks to which that Act applies;cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;companies to which the Trust and Loan Companies Act applies;trust companies regulated by a provincial Act;loan companies regulated by a provincial Act;entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services; andentities that engage in any activity described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the activity involves the opening of an account for a client.SOR/2012-85, s. 4DisclosureReportEvery person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Policethe existence of property in their possession or control that they have reason to believe is owned or controlled, directly or indirectly, by a designated person or by an entity owned or controlled by a designated person; andinformation about a transaction or proposed transaction in respect of property referred to in paragraph (a).ImmunityNo proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).SOR/2019-61, s. 2Application to No Longer Be a Designated PersonPetitionA designated person may apply to the Minister in writing to have their name removed from the schedule.DecisionOn receipt of an application, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the schedule.[Repealed, SOR/2022-8, s. 4][Repealed, SOR/2022-8, s. 4]New applicationIf there has been a material change in circumstances since the last petition was submitted, a person may submit another application under subsection (1).SOR/2012-85, s. 5SOR/2022-8, s. 4Application for a CertificateMistaken identityA person whose name is the same as or similar to the name of a designated person and who claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that designated person.Determination by MinisterWithin 30 days after receiving the application, the Minister must,if it is established that the applicant is not the designated person, issue the certificate; orif it is not so established, provide notice to the applicant of the determination.SOR/2022-8, s. 5ExclusionsExceptions to section 3Section 3 does not apply in respect ofany activity engaged in under an agreement or arrangement between Canada and Burma;any payment made by or on behalf of a designated person that is due under a contract that the designated person entered into before they became a designated person, provided that the payment is not made to a designated person or to a person acting on behalf of a designated person;any goods made available, or services provided, to or by any of the following entities for the purpose of safeguarding human life, disaster relief, democratization, stabilization or providing food, medicine, medical supplies or equipment or development assistance:an international organization with diplomatic status,a United Nations agency,the International Red Cross and Red Crescent Movement, ora non-governmental organization that has entered into a grant or contribution agreement with the Department of Foreign Affairs and International Trade or the Canadian International Development Agency; andany transaction necessary for a Canadian to transfer any existing accounts, funds or investments of a Canadian held with a designated person to a person other than a designated person.SOR/2012-85, s. 6SOR/2021-237, s. 1Exceptions to section 4 and subsection 5(1)Section 4 and subsection 5(1) do not apply in respect ofprotective clothing and equipment, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel;non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical assistance and training; andmembers of the Canadian Forces who are in or travel to Burma in the performance of official duties, including providing security to Canadian diplomatic staff, providing humanitarian assistance, or engaging in other activities authorized by the Chief of the Defence Staff.SOR/2012-85, s. 6SOR/2023-228, s. 3Application Prior to PublicationApplicationFor the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.Coming into ForceRegistrationThese Regulations come into force on the day on which they are registered.(Section 2)PersonsEntitiesAir Bagan (also known among other names as Air Bagan Holdings Pte. Ltd. and Air Bagan Limited)Bandoola Transportation Co. Ltd.Berger Paint Manufacturing Co. Ltd.Dagon BreweryGranite Tile Factory (Kyaikto)Hantha Waddy Golf Resort and Myodaw (City) Club Ltd.Htoo Furniture (also known among other names as Htoo Wood, Htoo Wood Products, Htoo Wood Products Pte. Limited and Htoo Wood-Based Industry)Htoo Group of Companies (also known among other names as Htoo Trading Company Limited and Htoo Trading Group Company)Innwa BankMEC Disposable Syringe FactoryMEC Marble MineMEC Marble Tiles FactoryMEC Burma Cable Wire FactoryMEC Oxygen and Gases FactoryMEC Ship Breaking ServiceMEC Steel Mills (Hmaw Bi/Pyi/Ywama)MICB (also known among other names as Myanma Investment and Commercial Bank and Burma Investment and Commercial Bank)Myaing Galay (Rhino Brand) Cement FactoryMyanma Economic Bank (also known among other names as Burma Economic Bank)Myanma Economic Corporation (MEC)Myanma Foreign Trade Bank (also known among other names as Burma Foreign Trade Bank)Burma Ar (Power) Construction Services (also known among other names as Myanmar Ar (Power) Construction Services)Burma Brewery Ltd. (also known among other names as Myanmar Brewery Ltd.)Burma Daewoo International (also known among other names as Myanmar Daewoo International)Burma Imperial Jade Co. Ltd. (also known among other names as Myanmar Imperial Jade Co. Ltd.)Burma Nouveau Steel Co. Ltd. (also known among other names as Myanmar Nouveau Steel Co. Ltd.)Burma Posco Steel Co. Ltd. (also known among other names as Myanmar Posco Steel Co. Ltd.)Burma Rubber Wood Co. Ltd. (also known among other names as Myanmar Rubber Wood Co. Ltd.)Burma Ruby Enterprise (also known among other names as Myanmar Ruby Enterprise)Burma Segal International Ltd. (also known among other names as Myanmar Segal International Ltd.)Myawaddy Bank Ltd.Myawaddy Trading Ltd.Myawaddy Travel ServicesNational Development Corp.Nawaday Hotel and Travel ServicesNgwe Pin Le (Silver Sea) Livestock Breeding and Fishery Co.Pavo Trading Pte. Ltd.Rothman of Pall Mall Burma Private Ltd.Sin Min (King Elephants) Cement Factory (Kyaukse)Soap Factory (Paung)The First Automotive Co. Ltd.Union of Burma Economic Holding Ltd. (also known among other names as Union of Myanmar Economic Holding Ltd. and Myanma Economic Holdings Limits (MEHL))Yuzana Company Limited (also known among other names as Yuzana Construction)Zay Gabar Company (also known among other names as Zaykabar Company)A & M Mahar Company LimitedSky One Construction Company LimitedThe Yangon RestaurantThe Yangon GalleryEverfit Company LimitedSeventh Sense Company LimitedCancri (Gems and Jewellery) Company Limited (also known among other names as Phu Sha Star)Myanma Gems Enterprise (MGE) (also known among other names as Myanmar Gems Enterprise)Myanma Timber Enterprise (MTE) (also known among other names as Myanmar Timber Enterprise)Myanma Pearl Enterprise (MPE) (also known among other names as Myanmar Pearl Enterprise)Myanmar War Veterans OrganizationMinistry of Defence Quartermaster General OfficeMyanmar Directorate of Defence IndustriesMyanmar Directorate of Procurement (also known among other names as Directorate of Procurement, Directorate of Defence Procurement and Directorate of Procurement of the Commander-in-Chief of Defence Services (Army))Myanmar Chemical & Machinery Company LimitedYatanarpon Aviation Support Company LimitedDynasty International Company LimitedInternational Gateways GroupAsia Sun GroupState Administration CouncilCargo Link Petroleum Logistics Co. Ltd. (also known as Cargo Link Company Limited)Shwe Byain Phyu GroupSky Aviator Company Ltd.Heli Eagle Company Ltd.Sky Royal Hero Ltd.Miya Win InternationalSynpex Shwe Company Ltd.Myanmar New Era Trading CompanyStar Sapphire Group of CompaniesStar Sapphire Trading Company Ltd.Mining Enterprise No. 1Mining Enterprise No. 2Bhone Min MyatEver MeterMottama Holdings LimitedMin Dharma Steel StructuresCreative Exploration Ltd.Suntac Group of Companies (also known as Suntac Technologies)Life & Challenge Co. Ltd. (also known as Life and Challenge Co. Ltd.)Myanma Five Star Shipping CompanyOffice of the Chief of Military and Security AffairsIndividualsThan Shwe, born February 2, 1933Maung Aye, born December 25, 1937Khin Lay Thet, born June 19, 1947Aung Thet Mann, born June 19, 1977 (also known among other names as Shwe Mann Ko Ko)Toe Naing Mann, born June 29, 1978Zay Zin Latt, born March 24, 1981Tin Aung Myint Oo, born May 27, 1950Kyaw Win, born January 3, 1944Ye Myint, born October 21, 1943Tin Lin Myint, born January 25, 1947Aung Htwe, born February 1, 1943Maung Bo, born February 16, 1945Tin Naing Thein, born 1955Saw Tun, born May 8, 1935Chan Nyein, born 1944 (also known among other names as Chang Nyein)Zaw Min, born January 10, 1949Lun Thi, born July 18, 1940Hla Tun, born July 11, 1951Nyan Win, born January 22, 1953Kyaw Myint, born 1940Maung Oo, born 1952Saw Lwin, born 1939Soe Tha, born 1945Thaung, born July 6, 1937Thein Zaw, born October 20, 1951Kyaw Thu, born August 15, 1949Mya Oo, born January 25, 1940Myint Swe, born May 24, 1951Hsan Hsint, born 1951Than Sein, born February 1, 1946Tay Za, born July 8, 1964Thidar Zaw, born February 24, 1964Pye Phyo Tay Za, born January 29, 1987Thiha, born June 24, 1960Khin Shwe, born January 21, 1952Zay Thiha, born January 1, 1977Khin Nyunt, born October 11, 1939Khin Win Shwe, born October 6, 1940Aung Kyaw ZawMaung Maung SoeThan OoAung AungKhin Maung SoeThura San LwinThant Zin OoMin Aung HlaingSoe WinSein WinSoe HtutYe AungMya Tun OoTin Aung SanAung Lin DweYe Win OoMaung Maung KyawMoe Myint TunThan HlaingThein SoeChit NaingMahn Nyein Maung (also known among other names as P’doh (Phado) Man Nyein Maung)Thein NyuntKhin Maung SweAye Nu SeinJeng Phang Naw Taung (also known among other names as Jeng Phang Naw Htaung)Moung Har (also known among other names as Maung Har and Maung Ha)Sai Lone Hsaing (also known among other names as Sai Lone Saing and Sai Long Hseng)Saw DanielBanya Aung MoeAung Pyae SoneKhin Thiri Thet MonThida Oo, born November 27, 1964Htun Htun Oo, born July 28, 1956 (also known among other names as Tun Tun Oo)U Tin Oo, born November 24, 1952Aung Hlaing OoSit Taing AungAung Moe MyintHtun AungZaw Min TunMaung Maung Ohn (also known among other names as Mg Mg Ohn)Tun Tun NaungKhin Maung YiMyo Myint OoThaung HanWin SheinKo Ko LwinAung SoeZin Min HtetHlaing Moe MyintMyo ThitsarHtein WinHtin Latt OoThan HteikNyunt Win SwePhone MyatThet PonMaung Maung AyeMyo Myint AungToe Yi, born in 1966 (also known as Toe Ui)U Aung Naing Oo, born October 13, 1962Ko Ko Oo, born December 2, 1972Kyaw Min Oo, born January 18, 1982Tun Min Latt, born February 6, 1969Khin Phyu Win, born October 11, 1960 (also known as Kyauk Kyar Shwe)Win Min Soe, born March 26, 1969Maung Maung NaingAung MinKan Myint ThanKhin Maung OoThan TunAung Saw WinSoe OoThan Aung KyawTin Maung SweThan SoeMyint TheinMyint OoAung Lwin OoNaing Htut Aung, born January 27, 1968Myo Min OoMyint Kyaing, born April 17, 1957Thet Khaing WinPorel Aung TheinKyaw Swar Lin, born in 1971Nyo SawDwe BuHmu ThangKhun San LwinU Yan KyawU Shwe KyeinWunna Maung LwinNi Lin AungU Htoo Htet Tay Za, born January 24, 1993Thein Win ZawMyo SweSOR/2012-85, s. 7; SOR/2018-135, s. 1SOR/2021-18, s. 1SOR/2021-106, s. 1SOR/2021-106, s. 2SOR/2021-237, s. 2SOR/2022-8, s. 6SOR/2022-65, s. 1SOR/2022-65, s. 2SOR/2022-65, s. 3SOR/2022-65, s. 4SOR/2022-263, s. 1SOR/2022-263, s. 2SOR/2023-13, s. 2SOR/2023-228, s. 4SOR/2023-228, s. 5RELATED PROVISIONS
— SOR/2012-85, s. 8ApplicationFor the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2018-135, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
— SOR/2019-61, s. 26For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2021-18, s. 2For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
— SOR/2021-106, s. 3For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2021-237, s. 3For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2022-8, s. 7For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2022-65, s. 5For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2022-263, s. 3For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2023-13, s. 3For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
— SOR/2023-228, s. 6For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.SOR/2023-2282023-10-27SOR/2023-1752023-08-04SOR/2023-132023-01-27SOR/2022-2632022-12-07SOR/2022-652022-03-24SOR/2022-82022-01-28SOR/2021-2372021-12-09SOR/2021-1062021-05-14SOR/2021-182021-02-18SOR/2019-612019-03-04