Special Economic Measures (Zimbabwe) Regulations (SOR/2008-248)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

arms and related material

arms and related material means any type of weapons, ammunition, military vehicle or military or paramilitary equipment and their spare parts. (armes et matériel connexe)

designated person

designated person means a person whose name is listed in the schedule in accordance with section 2. (personne désignée)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

technical assistance

technical assistance means any form of assistance and includes instruction, training, consulting services, technical advice and the transferring or communicating of know-how or technical data. (aide technique)

Zimbabwe

Zimbabwe includes

• (a) any political subdivision of Zimbabwe;

• (b) the government, and any department, of Zimbabwe or of a political subdivision of Zimbabwe; and

• (c) any agency of Zimbabwe or of a political subdivision of Zimbabwe. (Zimbabwe)

List

Marginal note:Designated person

2 A person whose name is listed in the schedule is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is

• (a) a former or current senior official of the Government of Zimbabwe, the Zimbabwe African National Union — Patriotic Front or a successor to either of the foregoing;

• (b) an associate or family member of a person set out in paragraph (a);

• (c) an entity owned or controlled by, or acting on behalf of a person set out in paragraph (a) or (b);

• (d) an entity owned or controlled by, or acting on behalf of the Government of Zimbabwe, the Zimbabwe African Nation Union — Patriotic Front or a successor to either of the foregoing;

• (e) a person engaged in activities that seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe; or

• (f) a senior official of an entity referred to paragraph (e).

Prohibitions

Marginal note:Export

3 Subject to section 13, no person in Canada and no Canadian outside Canada shall export, sell, supply or ship arms and related material, wherever situated, to Zimbabwe or to any person in Zimbabwe.

Marginal note:Carriage of arms and related material

4 Subject to section 13, no owner or master of a Canadian vessel, within the meaning of section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall carry, cause to be carried or permit to be carried, arms and related materials, wherever situated, destined for Zimbabwe or any person in Zimbabwe.

Marginal note:Services

5 Subject to section 13, no person in Canada and no Canadian outside Canada shall provide any person in Zimbabwe with technical or financial assistance, technical or financial services or brokerage or other services related to the supply, sale, transfer, manufacture or use of arms and related materials.

Marginal note:Assets freeze

6 No person in Canada and no Canadian outside Canada shall

• (a) deal, directly or indirectly, in any property of a designated person, including funds derived or generated from property that is owned or controlled, directly or indirectly, by that person;

• (b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in paragraph (a);

• (c) provide any financial or other related service in respect of the property referred to in paragraph (a); or

• (d) make any property or any financial or other related service available, directly or indirectly, to or for the benefit of a designated person.

Marginal note:Landing in Canada

7 No person shall land in Canada, or fly over Canada, an aircraft that is registered in Zimbabwe, except if landing in Canada is necessary to safeguard human life.

Marginal note:Assisting in a prohibited activity

8 It 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 sections 3 to 7.

Duty to Determine

Marginal note:Determination

9 Each 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:

• (a) 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;

• (b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;

• (c) foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;

• (d) companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;

• (e) 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;

• (f) companies to which the Trust and Loan Companies Act applies;

• (g) trust companies regulated by a provincial Act;

• (h) loan companies regulated by a provincial Act; and

• (i) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.

Disclosure

Marginal note:Report

• 10 (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police

  • (a) the 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; and

  • (b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

• Marginal note:Immunity

  (2) No 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).

Application to No Longer Be a Designated Person

Marginal note:Application

• 11 (1) A designated person may apply in writing to the Minister to request to have their name removed from the schedule.

• Marginal note:Decision

  (2) On receipt of a written 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.

• Marginal note:Presumption

  (3) If the Minister does not make a decision on the application within 60 days after the day on which the application is received, the Minister is deemed to have decided to recommend that the applicant remain a designated person.

• Marginal note:Notice

  (4) The Minister shall give notice without delay to the applicant of any decision made or deemed to have been made.

• Marginal note:New application

  (5) If there has been a material change in circumstances since the last application was submitted, a person may make another application under subsection (1).

Application for a Certificate

Marginal note:Mistaken identity

• 12 (1) A person claiming not to be a designated person may apply to the Minister in writing for a certificate stating that they are not the person who has been designated under section 2.

• Marginal note:Certificate — ​time frame

  (2) If it is established that the person is not a designated person, the Minister shall issue a certificate to the applicant within 15 days after the day on which the application is received.

Exceptions

Marginal note:Exceptions

• 13 (1) Sections 3 to 5 do not apply with respect to

  • (a) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training;

  • (b) supplies of protective clothing and equipment, including flak jackets and military helmets, for the personal use of United Nations or African Union personnel, representatives of the media and humanitarian and development workers and associated personnel;

  • (c) firearms and related ammunition and accessories in respect of which a temporary export permit has been granted under the Export and Import Permit Act prior to the coming into force of this paragraph; and

  • (d) a member of the Canadian Forces who is in or travels to Zimbabwe in the performance of official duties, including providing security to Canadian embassy staff, providing humanitarian assistance, or engaging in other activities authorized by the Chief of the Defence Staff.

• Marginal note:Financial support

  (2) Section 6 does not apply with respect to financial or other support provided by the Government of Canada in connection with internationally or regionally mandated or sanctioned negotiations for a political settlement in Zimbabwe.

Application Prior to Publication

Marginal note:Application

14 For 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 Force

Marginal note:Registration

15 These Regulations come into force on the day on which they are registered.