Special Economic Measures (Syria) Regulations (SOR/2011-114)

Interpretation

1 The following definitions apply in these Regulations.

designated person

designated person means a person who is in Syria, or is or was a national of Syria who does not ordinarily reside in Canada, and whose name is listed in Schedule 1. (personne désignée)

luxury goods

luxury goods means goods such as jewellery, gems, precious metals, watches, cigarettes, alcoholic beverages, perfume, designer clothing and accessories, furs, sporting goods, private aircraft, gourmet foods and ingredients, lobster, computers, televisions and other electronic devices. (articles de luxe)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

Syria

Syria means the Syrian Arab Republic and includes

• (a) any political subdivision of Syria;

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

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

List

2 A person whose name is listed in Schedule 1 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 Syria;

• (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); or

• (d) an entity owned or controlled by, or acting on behalf of, the Government of Syria.

Prohibitions

3 Subject to section 3.2, it is prohibited for any person in Canada and any Canadian outside Canada to

• (a) deal in any property, wherever situated, held by or on behalf of a designated person;

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

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

• (d) make any goods, wherever situated, available to a designated person; or

• (e) provide any financial or related service to or for the benefit of a designated person.

3.1 Subject to section 3.2, it is prohibited for any person in Canada and any Canadian outside Canada to

• (a) import, purchase, acquire, carry or ship any goods — other than food for human consumption — that are exported, supplied or shipped from Syria after December 23, 2011;

• (b) provide or acquire financial or other related services to, from or for the benefit of or on the direction or order of Syria or any person in Syria for the purpose of facilitating the importation, purchase, acquisition, carriage or shipment of any petroleum or petroleum products, excluding natural gas, from Syria;

• (c) make an investment in Syria if that investment involves a dealing in any property, wherever situated, held by or on behalf of Syria, a person in Syria or a national of Syria who does not ordinarily reside in Canada;

• (d) provide or acquire financial or other related services to, from or for the benefit of or on the direction or order of Syria or any person in Syria for the purpose of making an investment described in paragraph (c);

• (e) export, sell, supply or ship to Syria or any person in Syria any goods, including technical data, for use in the monitoring of telecommunications;

• (f) provide or acquire financial or other related services — other than those whose provision or acquisition is otherwise prohibited by these Regulations — to, from or for the benefit of or on the direction or order of Syria or any person in Syria;

• (g) export, sell, supply or ship to Syria or any person in Syria any luxury goods;

• (h) export, sell, supply or ship to Syria or any person in Syria any of the goods set out in Schedule 2; or

• (i) transfer, provide or communicate to Syria or any person in Syria technical data related to any of the goods set out in Schedule 2.

3.2 The prohibitions set out in sections 3 and 3.1 do not apply in respect of

• (a) any activity engaged in under an agreement or arrangement between Canada and Syria;

• (b) any payment made by or on behalf of a designated person that is due under a contract entered into before the person became a designated person, provided that the payment is not made to or for the benefit of a designated person;

• (c) 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 or medical supplies or equipment:

  • (i) an international organization with diplomatic status,

  • (ii) a United Nations agency,

  • (iii) the International Red Cross and Red Crescent Movement, or

  • (iv) a 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;

• (d) the importation, purchase, acquisition, carrying or shipping of petroleum or petroleum products that were exported, supplied or shipped from Syria before October 5, 2011;

• (e) any goods from the Embassy of Canada in Syria destined for Canada or any goods from Syria destined for the Embassy of Syria in Canada;

• (f) personal or settlers’ effects that are taken or shipped by an individual leaving Syria and that are solely for the use of the individual or the individual’s immediate family;

• (g) personal correspondence, including lettermail, printed papers and postcards, of a weight not exceeding 250 g per item of correspondence;

• (h) pension payments to any person in Canada, any Canadian abroad or any person in Syria;

• (i) any transaction in respect of the accounts at a Canadian financial institution that are used for the regular business of the Embassy of Syria or its consular missions in Canada;

• (j) any transaction in respect of the accounts at a Syrian financial institution that are used for the regular business of the Embassy of Canada or its consular missions in Syria; and

• (k) any transactions necessary for a Canadian to transfer any existing accounts, funds or investments of a Canadian held with a designated person to a non-designated person.

3.3 In addition to the matters referred to in section 3.2, the prohibition set out in paragraph 3.1(f) does not apply in respect of

• (a) loan repayments to any person in Canada, or any Canadian abroad, in respect of loans entered into before March 5, 2012, enforcement of security in respect of those loans, or payments by guarantors guaranteeing those loans;

• (b) financial services that are required to be provided or acquired further to a contract entered into before March 5, 2012; and

• (c) financial services in respect of non-commercial remittances of $40,000 or less sent to or from Syria, or any person in Syria, if the person providing the financial services keeps a record of the transaction.

• 3.4 (1) It is prohibited for any person in Canada and any Canadian outside Canada to

  • (a) import, purchase, acquire, carry or ship any chemical weapons and equipment, goods or technology related to chemical weapons from Syria, wherever situated, whether held by or on behalf of Syria or any person in Syria; or

  • (b) transfer, acquire or purchase from Syria or any person in Syria technical assistance that is related to any of the chemical weapons and equipment, goods or technology set out in paragraph (a).

• (2) Subsection (1) does not apply to Her Majesty in right of Canada or a province if the Security Council of the United Nations has authorized, for the purpose of ensuring the elimination of Syria’s chemical weapons program, a member state of the United Nations to acquire, control, transport, transfer and destroy chemical weapons identified by the Director-General of the Organisation for the Prohibition of Chemical Weapons.

• (3) Paragraph 3.1(a) does not apply after February 3, 2014 to any of the goods set out in paragraph 3.4(1)(a).

4 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, 3.1 and 3.4.

Duty to Determine

5 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;

• (i) entities 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; and

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

Disclosure

• 6 (1) Every person in Canada and every Canadian outside Canada must 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).

• (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

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

• (2) On receipt of the application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from Schedule 1.

• (3) The Minister must make a decision on the application within 90 days after the day on which the application is received.

• (4) The Minister must give notice without delay to the applicant of the decision taken.

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

Application for a Certificate

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

• (2) If it is established that the person is not a designated person, the Minister must issue a certificate to the applicant within 30 days after the day on which the application is received.

9 [Repealed, SOR/2011-330, s. 3]

Application Prior to Publication

10 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

Coming into Force

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