S-14.5Special Economic Measures ActSOR/2011-11420115
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SPECIAL ECONOMIC MEASURES ACTSpecial Economic Measures (Syria) RegulationsP.C.2011-59420115
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Whereas the Governor in Council is of the opinion that the situation in Syria constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;Therefore, His 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 (Syria) Regulations.S.C. 1992, c. 17INTERPRETATION
The following definitions apply in these Regulations.designated person means a person who is in Syria, or is a national of Syria who does not ordinarily reside in Canada, and whose name is listed in Schedule 1. (personne désignée)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 means the Minister of Foreign Affairs. (ministre)Syria means the Syrian Arab Republic and includesany political subdivision of Syria;the government, and any department, of Syria or of a political subdivision of Syria; andany agency of Syria or of a political subdivision of Syria. (Syrie)
  • SOR/2012-107, s. 1;
  • SOR/2012-145, s. 5.
Previous Version
LIST
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 isa former or current senior official of the Government of Syria;an associate or family member of a person set out in paragraph (a);an entity owned or controlled by, or acting on behalf of, a person set out in paragraph (a) or (b); oran entity owned or controlled by, or acting on behalf of, the Government of Syria.
  • SOR/2012-145, s. 5.
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PROHIBITIONS
Subject to section 3.2, it is prohibited for any person in Canada and any Canadian outside Canada todeal in any property, wherever situated, held 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 service in respect of a dealing referred to in paragraph (a);make any goods, wherever situated, available to a designated person; orprovide any financial or related service to or for the benefit of a designated person.
  • SOR/2011-220, s. 1;
  • SOR/2011-330, s. 1.
Previous Version
Subject to section 3.2, it is prohibited for any person in Canada and any Canadian outside Canada toimport, 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;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;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;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);export, sell, supply or ship to Syria or any person in Syria any goods, including technical data, for use in the monitoring of telecommunications;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;export, sell, supply or ship to Syria or any person in Syria any luxury goods;export, sell, supply or ship to Syria or any person in Syria any of the goods set out in Schedule 2; ortransfer, provide or communicate to Syria or any person in Syria technical data related to any of the goods set out in Schedule 2.
  • SOR/2011-220, s. 2;
  • SOR/2011-330, s. 2;
  • SOR/2012-35, s. 1;
  • SOR/2012-107, s. 2;
  • SOR/2012-145, s. 1.
Previous Version
The prohibitions set out in sections 3 and 3.1 do not apply in respect ofany activity engaged in under an agreement or arrangement between Canada and Syria;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;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: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;the importation, purchase, acquisition, carrying or shipping of petroleum or petroleum products that were exported, supplied or shipped from Syria before October 5, 2011;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;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;personal correspondence, including lettermail, printed papers and postcards, of a weight not exceeding 250 g per item of correspondence;pension payments to any person in Canada, any Canadian abroad or any person in Syria;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;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; andany 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.
  • SOR/2011-220, s. 2;
  • SOR/2011-330, s. 2;
  • SOR/2012-6, s. 1;
  • SOR/2012-35, s. 2.
Previous Version
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 ofloan 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;financial services that are required to be provided or acquired further to a contract entered into before March 5, 2012; andfinancial 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.
  • SOR/2012-35, s. 3.
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[Repealed, SOR/2011-330, s. 2]Previous Version
It is prohibited for any person in Canada and any Canadian outside Canada to do anything that causes, assists or promotes or is intended to cause, assist or promote any act or thing prohibited by section 3 or 3.1.
  • SOR/2011-220, s. 3;
  • SOR/2011-330, s. 2.
Previous Version
DUTY TO DETERMINE
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: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 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; andentities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.
DISCLOSURE
Every person in Canada and every Canadian outside Canada must 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).No person contravenes subsection (1) by disclosing in good faith under that subsection.
APPLICATION TO NO LONGER BE A DESIGNATED PERSON
A designated person may apply in writing to the Minister to have their name removed from Schedule 1.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.The Minister must make a decision on the application within 90 days after the day on which the application is received.The Minister must give notice without delay to the applicant of the decision taken.If there has been a material change in circumstances since the last application was submitted, a person may submit another application under subsection (1).
  • SOR/2012-145, s. 5.
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APPLICATION FOR A CERTIFICATE
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.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.
[Repealed, SOR/2011-330, s. 3]Previous Version
APPLICATION PRIOR TO PUBLICATION
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
These Regulations come into force on the day on which they are registered.
(Section 2)PERSONSENTITIESGeneral Intelligence DirectoratePresidential GuardPolitical Security DirectorateSyrian Military IntelligenceSyrian Air Force IntelligenceSyrian Ministry of DefenceSyrian Ministry of the InteriorCommercial Bank of SyriaSyriatelBena PropertiesAl Mashreq Investment FundHamcho InternationalMilitary Housing Establishment (MILIHOUSE)Mada TransportCham Investment GroupReal Estate BankCham HoldingsAddounia TVRamak ConstructionEl-telSouruhAl Furat Petroleum CompanyAl WatanBusiness LabCentre d’études et de recherches syrien (CERS)Cham Press TVHandasieh – Organization for Engineering IndustriesIndustrial SolutionsMechanical Construction Factory (MCF)Syria Trading Oil CompanySyronics-Syrian Arab Co. for Electronic IndustriesDier ez-Zor Petroleum CompanyEbla Petroleum CompanyDijla Petroleum CompanyIndustrial BankPopular Credit BankSaving BankAgricultural Cooperative BankCentral Bank of SyriaSyrian Petroleum CompanyMahrukat Company (also known as the Syrian Company for the Storage and Distribution of Petroleum Products)General Organization of Radio and TV (also known as GORT)[Repealed, SOR/2012-249, s. 1]General Organization of TobaccoSyrian International Islamic BankSyrian National Security BureauDrex Technologies S.A.Cotton Marketing OrganizationSyrian Arab Airlines (also known as Syrian Air)MegatradeExpert PartnersSyria’s Army Supply BureauINDIVIDUALSBashar al-AssadFarouk al-ShaaraAdel SafarAli Habib MahmoudMaher al-AssadAli MamloukMuhammad Ibrahim al-ShaarAtif NajibHafez MakhloufMohammad Dib ZaytunAmjad AbbasRami MakhlufAbd-al-Fattah QudsiyahJamil HassanRustom GhazaliFawwaz al-AssadMunzir al-AssadAsif ShawkatHisham IkhtiyarMuhammad Nasif KhayrbikMohamed HamchoIyad MakhloufBassam Al HassanDawud RajihaIhab MakhloufMohammad MuflehTawfiq YounesMohammed MakhloufAyman JabirZoulhima ChalicheRiyad ChalicheKhalid QaddurRa’if Al-QuwatliHayel Al-AssadAli Al-SalimRafiq ShahadahJami JamiHassan Bin-Ali Al-TurkmaniMuhammad Said BukhaytanAli DoubaNawful Al-HusaynHusam SukkarMuhammed ZamriniMunir Adanov (Adnuf)Ghassan KhalilMohammed JabirSamir HassanFares Chehabi[Repealed, SOR/2012-107, s. 4]Tarif AkhrasIssam AnboubaWalid Al-MoallemBouthaina ShaabanAli Abdul Karim AliTayseer Qala AwwadAdnan Hassan Mahmoud[Repealed, SOR/2012-6, s. 3]Jumah Al-Ahmad (Major General)Lu’ai Al-Ali (Colonel)Jasim Al-Furayj (Lt. General)Aous Aslan (General) (also known as Aws Aslan)Ali Abdullah Ayyub (Lt. General)Ghassan Belal (General)Abdullah BerriGeorge ChaouiZuhair Hamad (Major General)Amar IsmaelMujahed IsmailSaqr Khayr BekWajih Mahmud (Major General)Kifah MoulhemNazih (Major General)Bassam SabbaghFu’ad Tawil (Major General)Tala Mustafa Tlass (Lt. General)Ibrahim Al-Hassan (Major General)Fahid Al-Jassim (Lt. General)Mohammad Al-JleilatiMohammad Nidal Al-Shaar (Dr.)Muahmamd Al-ShaarKhald Al-TaweelAli Barakat (Brigadier)Ghiath FayadNazih Hassun (Brigadier)Maan Jdiid (Captain)Talal Makhluf (Brigadier)Khalil Zghraybih (Brigadier)Jawdat Ibrahim Safi (Brigadier)Muhammad Ali Durgham (Major General)Ramadan Mahmoud Ramadan (Major General)Ahmed Yousef Jarad (Brigadier)Naim Jasem Suleiman (Major General)Jihad Mohamed Sultan (Brigadier)Fo’ad Hamoudeh (Major General)Bader Aqel (Major General)Ghassan Afif (Brigadier)Mohamed Maaruf (Brigadier)Yousef Ismail (Brigadier)Jamal Yunes (Brigadier)Mohsin Makhlouf (Brigadier)Ali Dawwa (Brigadier)Mohamed Khaddor (Brigadier)Suheil Salman Hassan (Major General)Wafiq NasserAhmed DibeMakhmoud al-KhattibMohamed Heikmat IbrahimNasser Al-AliMehran KhwandaDr. Wael Nader Al-HalqiMansour Fadlallah AzzamDr. Emad Abdul-Ghani SabouniSufian AllawDr. Adnan SlakhoDr. Saleh Al-RashedDr. Fayssal AbbasAnisa Al Assad (also known as Anisah Al Assad)Bushra Al Assad (also known as Bushra Shawkat)Asma Al Assad (also known as Asma Fawaz Al Akhras)Manal Al Assad (also known as Manal Al Ahmad)Imad Mohammad Deeb KhamisOmar Ibrahim GhalawanjiJoseph SuwaidGhiath JeraatliHussein Mahmoud FarzatYousef Suleiman Al-AhmadHassan al-SariMazen al-Tabba[Repealed, SOR/2012-249, s. 3]Adib MaylehSha’afiq Masa (Brigadier)Burhan Qadour (Brigadier)Salah Hamad (Brigadier)Muhammad Khallouf (Brigadier) (also known as Abou Ezzat)Riad Al-Ahmed (Major General)Abdul Salam Fajr Mahmoud (Brigadier)Jawdat al-Ahmed (Brigadier)Qusay Mihoub (Colonel)Suhail Al-Abdullah (Colonel)Khudr Khudr (Brigadier)Ibrahim Ma’ala (Brigadier)Firas Al-Hamed (Brigadier)Hussam Luqa (Brigadier)Taha Taha (Brigadier)Nasr al-Ali (Brigadier)Bassel BilalAhmad KafanBassam al-MisriAhmed al-JarrouchehMichel Kassouha (also known as Ahmed Salem or Ahmed Salem Hassan)Ghassan Jaoudat Ismail (General)Amer al-Achi (General)Mohammed Ali Nasr (General)Issam Hallaq (General)Ezzedine IsmaelSamir Joumaa (also known as Abou Sami)Ali Yunus (Major General)Subhi Ahmad Al-AbdullahSafwan Al-AssafHala Mohammad Al-NasserMohammad Abdul-Sattar Al-SayyedYasser Al-SibaeiHazwan Al-WazzOmran Ahed Al-ZoubiRadwan HabibAli HaidarBassam HannaSaid Mu’zi HneidiQadri JamilFuad Shukri KurdiMohammad Zafer MihbekMohammad Yehya MoallaLubanah MshawehMahmoud Ibrahim SaidNazira Farah SarkisJassim Mohammad ZakaryaFahd al-FreijDr. Adnan Abdo Al SikhnyNajm Hamad Al AhmadDr. Abdul Salam Al NayefMohammad Turki Al SayedNajm-eddin KhreitAbdullah Khaleel HusseinJamal Sha’ban ShaheenSuleiman MaaroufRaza OthmanAmr Armanazi
  • SOR/2011-166, ss. 1, 2(E), 3 to 5;
  • SOR/2011-220, ss. 5, 6;
  • SOR/2011-330, ss. 4, 5;
  • SOR/2012-6, ss. 2 to 4;
  • SOR/2012-35, ss. 4, 5;
  • SOR/2012-74, ss. 1, 2;
  • SOR/2012-107, ss. 3 to 5;
  • SOR/2012-145, ss. 2, 3;
  • SOR/2012-166, ss. 1, 2;
  • SOR/2012-249, ss. 1 to 4.
Previous Version(Paragraphs 3.1(h) and (i))GOODSColumn 1Column 2ItemGoodsDescription1.2-bromochloroethaneChemical Abstracts Service registry number 107-04-02.2-methoxyethanolChemical Abstracts Service registry number 109-86-43.Aluminum chlorideChemical Abstracts Service registry number 7446-70-04.AgitatorsAgitators for use in reaction vessels or reactors, with a total internal (geometric) volume greater than 0.1 m3 (100 L) and less than 20 m3(20,000 L), that are not specified in the Export Control List5.ArsenicChemical Abstracts Service registry number 7440-38-26.Arsenic trioxideChemical Abstracts Service registry number 1327-53-37.Batch centrifugesBatch centrifuges with a rotor capacity of 4 L or greater, usable with biological materials8.BenzilChemical Abstracts Service registry number 134-81-69.Biosafety cabinetsClass II biosafety cabinets10.Butyrylcholinesterase (BCHE)11.Clean-air RoomsConventional or turbulent air-flow clean-air rooms12.DichloromethaneChemical Abstracts Service registry number 75-09-213.DiethylamineChemical Abstracts Service registry number 109-89-714.DiethylenetriamineChemical Abstracts Service registry number 111-40-015.Diethyl etherChemical Abstracts Service registry number 60-29-716.DimethylaminoethanolChemical Abstracts Service registry number 108-01-017.Dimethyl etherChemical Abstracts Service registry number 115-10-618.Distillation or Absorption ColumnsDistillation or absorption columns of internal diameter greater than 0.1 m that are not specified in the Export Control List19.EthylamineChemical Abstracts Service registry number 75-04-720.Ethyl bromideChemical Abstracts Service registry number 74-96-421.Ethyl chlorideChemical Abstracts Service registry number 75-00-322.Ethylene dichlorideChemical Abstracts Service registry number 107-06-223.FermentersFermenters, with an internal volume equal to or greater than 10 L and less than 20 L, usable with biological materials24.Fume hoodsFloor-mounted fume hoods (walk-in style) with a minimum nominal width of 2.5 m25.Glove boxesClass II glove boxes26.Heat Exchangers or CondensersHeat exchangers or condensers, with a heat transfer surface area greater than 0.05 m2 and less than 30 m2, and tubes, plates, coils, or blocks (cores) designed for such heat exchangers or condensers, that are not specified in the Export Control List27.HEPA Filter UnitsSelf-contained fan-HEPA filter units that may be used for CL3 or CL4 (P3, P4, BSL3, BSL4, L3, L4) containment facilities28.HexamineChemical Abstracts Service registry number 100-97-029.IsocyanatomethaneChemical Abstracts Service registry number 624-83-930.Isopropyl bromideChemical Abstracts Service registry number 75-26-331.Isopropyl etherChemical Abstracts Service registry number 108-20-332.MethylamineChemical Abstracts Service registry number 74-89-533.Methyl bromideChemical Abstracts Service registry number 74-83-934.MonoisopropylamineChemical Abstracts Service registry number 75-31-035.NitromethaneChemical Abstracts Service registry number 75-52-536.N,N-DimethylanilineChemical Abstracts Service registry number 121-69-737.Obidoxime chlorideChemical Abstracts Service registry number 114-90-938.Picric acidChemical Abstracts Service registry number 88-89-139.Potassium bromideChemical Abstracts Service registry number 7758-02-340.PumpsMultiple-seal, single-seal, and seal-less pumps, with manufacturer’s specified maximum flow-rate greater than 0.6 m3/h, that are not specified in the Export Control List41.PyridineChemical Abstracts Service registry number 110-86-142.Pyridostigmine bromideChemical Abstracts Service registry number 101-26-843.QuinaldineChemical Abstracts Service registry number 91-63-444.Reaction Vessels or ReactorsReaction vessels or reactors, with or without agitators, with total internal (geometric) volume greater than 0.1 m3 (100 L) and less than 20 m3 (20,000 L), that are not specified in the Export Control List45.RespiratorsFull face-mask air-purifying and air-supplying respirators46.Sodium bromideChemical Abstracts Service registry number 7647-15-647.Sodium metalChemical Abstracts Service registry number 7440-23-548.Storage Tanks, Containers, or ReceiversStorage tanks, containers or receivers, with a total internal (geometric) volume greater than 0.1 m3 (100 L), that are not specified in the Export Control List49.TributylamineChemical Abstracts Service registry number 102-82-950.TributylphosphiteChemical Abstracts Service registry number 102-85-251.TriethylamineChemical Abstracts Service registry number 121-44-852.TrimethylamineChemical Abstracts Service registry number 75-50-353.Vacuum PumpsVacuum pumps, with a manufacturer’s specified maximum flow-rate greater than 1 m3/h (under standard temperature (273 K (0°C)) and pressure (101.3 kPa) conditions), and casings (pump bodies) and preformed casing-liners, impellers, rotors, and jet pump nozzles designed for such pumps, that are not specified in the Export Control List54.ValvesValves, with “nominal sizes” greater than 10mm, and casings (valve bodies) designed for such valves, that are not specified in the Export Control List
  • SOR/2012-145, s. 4.
RELATED PROVISIONS — SOR/2011-330, s. 6
For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
 — SOR/2012-6, s. 5
For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
 — SOR/2012-35, s. 6
For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
 — SOR/2012-74, s. 3
For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
 — SOR/2012-107, s. 6
For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
 — SOR/2012-145, s. 6
For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
 — SOR/2012-166, s. 3
For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.
 — SOR/2012-249, s. 5
For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.