Special Economic Measures Act (S.C. 1992, c. 17)

Act current to 2017-11-20 and last amended on 2017-10-18. Previous Versions

Special Economic Measures Act

S.C. 1992, c. 17

Assented to 1992-06-04

An Act to provide for the imposition of special economic measures

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Special Economic Measures Act.

Interpretation

Marginal note:Definitions

 In this Act,

Canadian

Canadien

Canadian means a person who is a citizen within the meaning of the Citizenship Act or a body corporate incorporated or continued by or under the laws of Canada or of a province; (Canadien)

entity

entité

entity means a body corporate, trust, partnership, fund, an unincorporated association or organization or a foreign state; (entité)

foreign state

État étranger

foreign state means a country other than Canada, and includes

  • (a) any political subdivision of a foreign state,

  • (b) the government, and any department, of a foreign state or of a political subdivision thereof, and

  • (c) any agency of a foreign state or of a political subdivision thereof; (État étranger)

national

nationaux

national, in relation to a foreign state, means an individual who possesses the nationality of that state as determined in accordance with the laws of that state or a body corporate incorporated or continued by or under the laws of that state; (nationaux)

person

personne

person means an individual or an entity; (personne)

property

bien

property means any real or personal property; (bien)

technical data

données techniques

technical data includes blueprints, technical drawings, photographic imagery, computer software, models, formulas, engineering designs and specifications, technical and operating manuals and any technical information or know-how. (données techniques)

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Orders and Regulations

Marginal note:Orders and regulations
  •  (1) The Governor in Council may, if the Governor in Council is of the opinion that any of the circumstances described in subsection (1.1) has occurred,

    • (a) make such orders or regulations with respect to the restriction or prohibition of any of the activities referred to in subsection (2) in relation to a foreign state as the Governor in Council considers necessary; and

    • (b) by order, cause to be seized, frozen or sequestrated in the manner set out in the order any property situated in Canada that is held by or on behalf of

      • (i) a foreign state,

      • (ii) any person in that foreign state, or

      • (iii) a national of that foreign state who does not ordinarily reside in Canada.

  • Marginal note:Circumstances

    (1.1) The circumstances referred to in subsection (1) are the following:

    • (a) an international organization of states or association of states, of which Canada is a member, has made a decision or a recommendation or adopted a resolution calling on its members to take economic measures against a foreign state;

    • (b) a grave breach of international peace and security has occurred that has resulted in or is likely to result in a serious international crisis;

    • (c) gross and systematic human rights violations have been committed in a foreign state; or

    • (d) a national of a foreign state who is either a foreign public official, within the meaning of section 2 of the Corruption of Foreign Public Officials Act, or an associate of such an official, is responsible for or complicit in ordering, controlling or otherwise directing acts of corruption — including bribery, the misappropriation of private or public assets for personal gain, the transfer of the proceeds of corruption to foreign states or any act of corruption related to expropriation, government contracts or the extraction of natural resources — which amount to acts of significant corruption when taking into consideration, among other things, their impact, the amounts involved, the foreign national’s influence or position of authority or the complicity of the government of the foreign state in question in the acts.

  • Marginal note:Restricted or prohibited activities

    (2) Orders and regulations may be made pursuant to paragraph (1)(a) with respect to the restriction or prohibition of any of the following activities, whether carried out in or outside Canada, in relation to a foreign state:

    • (a) any dealing by any person in Canada or Canadian outside Canada in any property wherever situated held by or on behalf of that foreign state, any person in that foreign state, or a national of that foreign state who does not ordinarily reside in Canada;

    • (b) the exportation, sale, supply or shipment by any person in Canada or Canadian outside Canada of any goods wherever situated to that foreign state or any person in that foreign state, or any other dealing by any person in Canada or Canadian outside Canada in any goods wherever situated destined for that foreign state or any person in that foreign state;

    • (c) the transfer, provision or communication by any person in Canada or Canadian outside Canada of any technical data to that foreign state or any person in that foreign state;

    • (d) the importation, purchase, acquisition or shipment by any person in Canada or Canadian outside Canada of any goods that are exported, supplied or shipped from that foreign state after a date specified in the order or regulations, or any other dealing by any person in Canada or Canadian outside Canada in any such goods;

    • (e) the provision or acquisition by any person in Canada or Canadian outside Canada of financial services or any other services to, from or for the benefit of or on the direction or order of that foreign state or any person in that foreign state;

    • (f) the docking in that foreign state of ships registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament;

    • (g) the landing in that foreign state of aircraft registered in Canada or operated in connection with a Canadian air service licence;

    • (h) the docking in or passage through Canada by ships registered in that foreign state or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of that foreign state or a person in that foreign state; and

    • (i) the landing in or flight over Canada by aircraft registered in that foreign state or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of that foreign state or any person in that foreign state.

  • Marginal note:Exclusions

    (3) Any order or regulation made pursuant to subsection (1) may exclude any person, property, goods, technical data, services, transactions, ships or aircraft or any class thereof from the application of the order or regulation.

  • Marginal note:Order authorizing Minister

    (4) The Governor in Council may, by order, authorize a Minister of the Crown in right of Canada to issue to any person in Canada or Canadian outside Canada a permit to carry out a specified activity or transaction, or any class thereof, that is restricted or prohibited pursuant to this Act or any order or regulations made under this Act.

  • Marginal note:Ministerial permit

    (5) The Minister may issue a permit pursuant to subsection (4), subject to such terms and conditions as are, in the opinion of the Minister, consistent with this Act and any order or regulations made under this Act.

  • Marginal note:Idem

    (6) The Minister may amend, suspend, revoke or reinstate any permit issued by the Minister under subsection (4).

  • 1992, c. 17, s. 4;
  • 2017, c. 21, s. 17.
Marginal note:Costs
  •  (1) Any costs incurred by or on behalf of Her Majesty in right of Canada in relation to the seizure, freezing or sequestration of property pursuant to an order made under paragraph 4(1)(b) are the liability of the owner of the property and constitute a debt due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction.

  • Marginal note:Sale under execution

    (2) The property referred to in subsection (1) may be sold under execution of a judgment in favour of Her Majesty in right of Canada for the costs referred to in that subsection and, subject to subsection (3), the proceeds of the sale shall first be applied in execution of the judgment and any balance shall be paid to the owner of the property.

  • Marginal note:Existing equities maintained

    (3) All secured and unsecured rights and interests held by persons, other than

    • (a) a foreign state to which the order referred to in subsection (1) applies,

    • (b) persons in that foreign state, and

    • (c) nationals of that foreign state who do not ordinarily reside in Canada,

    are entitled to the same ranking with respect to the rights and interests of Her Majesty and the owner in the proceeds of the sale referred to in subsection (2) as they would have been entitled to had this section not been enacted.

  • 1992, c. 17, s. 5;
  • 2001, c. 4, s. 120.
 
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