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Special Economic Measures (Burma) Regulations (SOR/2007-285)

Regulations are current to 2024-02-20 and last amended on 2023-10-27. Previous Versions

Special Economic Measures (Burma) Regulations

SOR/2007-285

SPECIAL ECONOMIC MEASURES ACT

Registration 2007-12-13

Special Economic Measures (Burma) Regulations

P.C. 2007-1913 2007-12-13

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 ActFootnote a, hereby makes the annexed Special Economic Measures (Burma) Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

arms and related material

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

Burma means Myanmar, and includes

  • (a) any political subdivision of Myanmar;

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

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

controlling interest

controlling interest[Repealed, SOR/2012-85, s. 1]

designated person

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

Minister

Minister means the Minister of Foreign Affairs. (ministre)

pension

pension[Repealed, SOR/2022-8, s. 1]

List

Marginal note:Designated person

 A 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 is

  • (a) a current or former senior official of Burma;

  • (b) an associate or family member of a person referred to in paragraph (a);

  • (c) 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;

  • (d) an entity owned, held or controlled, directly or indirectly, by Burma, or acting on behalf of or at the direction of Burma; or

  • (e) a senior official of an entity referred to in paragraph (c) or (d).

Prohibitions

Marginal note:Asset freeze

 Subject to section 18, it is prohibited for any person in Canada and any Canadian outside Canada to

  • (a) deal in any property, wherever situated, that is owned, held or controlled 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 services in respect of a dealing referred to in paragraph (a);

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

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

Marginal note:Restricted or prohibited activities

 Subject to section 19, it is prohibited for any person in Canada and any Canadian outside Canada to

  • (a) export, 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;

  • (b) import, purchase, acquire, ship, transport or otherwise deal in arms and related material, wherever situated, that are exported from Burma after December 13, 2007;

  • (c) 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; or

  • (d) provide 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.

Marginal note:Insurance — ships

  •  (1) Subject 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.

  • Marginal note:Existing insurance

    (2) Subsection (1) does not apply in respect of existing insurance or reinsurance until 30 days after the day on which this section comes into force.

 [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]

Marginal note:Assisting in a prohibited activity

 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 any of sections 3 to 5.

Duty to Determine

Marginal note:Determination

 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 authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services; and

  • (j) 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.

  • SOR/2012-85, s. 4

Disclosure

Marginal note:Report

  •  (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:Petition

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

  • Marginal note:Decision

    (2) On 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.

  • (3) [Repealed, SOR/2022-8, s. 4]

  • (4) [Repealed, SOR/2022-8, s. 4]

  • Marginal note:New application

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

Application for a Certificate

Marginal note:Mistaken identity

  •  (1) A 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.

  • Marginal note:Determination by Minister

    (2) Within 30 days after receiving the application, the Minister must,

    • (a) if it is established that the applicant is not the designated person, issue the certificate; or

    • (b) if it is not so established, provide notice to the applicant of the determination.

Exclusions

Marginal note:Exceptions to section 3

 Section 3 does not apply in respect of

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

  • (b) 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;

  • (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, medical supplies or equipment or development assistance:

    • (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; and

  • (d) any 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.

Marginal note:Exceptions to section 4 and subsection 5(1)

 Section 4 and subsection 5(1) do not apply in respect of

  • (a) protective 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;

  • (b) non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical assistance and training; and

  • (c) members 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.

Application Prior to Publication

Marginal note:Application

 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

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

SCHEDULE(Section 2)Persons

PART 1

Entities

  • 1 
    Air Bagan (also known among other names as Air Bagan Holdings Pte. Ltd. and Air Bagan Limited)
  • 2 
    Bandoola Transportation Co. Ltd.
  • 3 
    Berger Paint Manufacturing Co. Ltd.
  • 4 
    Dagon Brewery
  • 5 
    Granite Tile Factory (Kyaikto)
  • 6 
    Hantha Waddy Golf Resort and Myodaw (City) Club Ltd.
  • 7 
    Htoo Furniture (also known among other names as Htoo Wood, Htoo Wood Products, Htoo Wood Products Pte. Limited and Htoo Wood-Based Industry)
  • 8 
    Htoo Group of Companies (also known among other names as Htoo Trading Company Limited and Htoo Trading Group Company)
  • 9 
    Innwa Bank
  • 10 
    MEC Disposable Syringe Factory
  • 11 
    MEC Marble Mine
  • 12 
    MEC Marble Tiles Factory
  • 13 
    MEC Burma Cable Wire Factory
  • 14 
    MEC Oxygen and Gases Factory
  • 15 
    MEC Ship Breaking Service
  • 16 
    MEC Steel Mills (Hmaw Bi/Pyi/Ywama)
  • 17 
    MICB (also known among other names as Myanma Investment and Commercial Bank and Burma Investment and Commercial Bank)
  • 18 
    Myaing Galay (Rhino Brand) Cement Factory
  • 19 
    Myanma Economic Bank (also known among other names as Burma Economic Bank)
  • 20 
    Myanma Economic Corporation (MEC)
  • 21 
    Myanma Foreign Trade Bank (also known among other names as Burma Foreign Trade Bank)
  • 22 
    Burma Ar (Power) Construction Services (also known among other names as Myanmar Ar (Power) Construction Services)
  • 23 
    Burma Brewery Ltd. (also known among other names as Myanmar Brewery Ltd.)
  • 24 
    Burma Daewoo International (also known among other names as Myanmar Daewoo International)
  • 25 
    Burma Imperial Jade Co. Ltd. (also known among other names as Myanmar Imperial Jade Co. Ltd.)
  • 26 
    Burma Nouveau Steel Co. Ltd. (also known among other names as Myanmar Nouveau Steel Co. Ltd.)
  • 27 
    Burma Posco Steel Co. Ltd. (also known among other names as Myanmar Posco Steel Co. Ltd.)
  • 28 
    Burma Rubber Wood Co. Ltd. (also known among other names as Myanmar Rubber Wood Co. Ltd.)
  • 29 
    Burma Ruby Enterprise (also known among other names as Myanmar Ruby Enterprise)
  • 30 
    Burma Segal International Ltd. (also known among other names as Myanmar Segal International Ltd.)
  • 31 
    Myawaddy Bank Ltd.
  • 32 
    Myawaddy Trading Ltd.
  • 33 
    Myawaddy Travel Services
  • 34 
    National Development Corp.
  • 35 
    Nawaday Hotel and Travel Services
  • 36 
    Ngwe Pin Le (Silver Sea) Livestock Breeding and Fishery Co.
  • 37 
    Pavo Trading Pte. Ltd.
  • 38 
    Rothman of Pall Mall Burma Private Ltd.
  • 39 
    Sin Min (King Elephants) Cement Factory (Kyaukse)
  • 40 
    Soap Factory (Paung)
  • 41 
    The First Automotive Co. Ltd.
  • 42 
    Union of Burma Economic Holding Ltd. (also known among other names as Union of Myanmar Economic Holding Ltd. and Myanma Economic Holdings Limits (MEHL))
  • 43 
    Yuzana Company Limited (also known among other names as Yuzana Construction)
  • 44 
    Zay Gabar Company (also known among other names as Zaykabar Company)
  • 45 
    A & M Mahar Company Limited
  • 46 
    Sky One Construction Company Limited
  • 47 
    The Yangon Restaurant
  • 48 
    The Yangon Gallery
  • 49 
    Everfit Company Limited
  • 50 
    Seventh Sense Company Limited
  • 51 
    Cancri (Gems and Jewellery) Company Limited (also known among other names as Phu Sha Star)
  • 52 
    Myanma Gems Enterprise (MGE) (also known among other names as Myanmar Gems Enterprise)
  • 53 
    Myanma Timber Enterprise (MTE) (also known among other names as Myanmar Timber Enterprise)
  • 54 
    Myanma Pearl Enterprise (MPE) (also known among other names as Myanmar Pearl Enterprise)
  • 55 
    Myanmar War Veterans Organization
  • 56 
    Ministry of Defence Quartermaster General Office
  • 57 
    Myanmar Directorate of Defence Industries
  • 58 
    Myanmar 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))
  • 59 
    Myanmar Chemical & Machinery Company Limited
  • 60 
    Yatanarpon Aviation Support Company Limited
  • 61 
    Dynasty International Company Limited
  • 62 
    International Gateways Group
  • 63 
    Asia Sun Group
  • 64 
    State Administration Council
  • 65 
    Cargo Link Petroleum Logistics Co. Ltd. (also known as Cargo Link Company Limited)
  • 66 
    Shwe Byain Phyu Group
  • 67 
    Sky Aviator Company Ltd.
  • 68 
    Heli Eagle Company Ltd.
  • 69 
    Sky Royal Hero Ltd.
  • 70 
    Miya Win International
  • 71 
    Synpex Shwe Company Ltd.
  • 72 
    Myanmar New Era Trading Company
  • 73 
    Star Sapphire Group of Companies
  • 74 
    Star Sapphire Trading Company Ltd.
  • 75 
    Mining Enterprise No. 1
  • 76 
    Mining Enterprise No. 2
  • 77 
    Bhone Min Myat
  • 78 
    Ever Meter
  • 79 
    Mottama Holdings Limited
  • 80 
    Min Dharma Steel Structures
  • 81 
    Creative Exploration Ltd.
  • 82 
    Suntac Group of Companies (also known as Suntac Technologies)
  • 83 
    Life & Challenge Co. Ltd. (also known as Life and Challenge Co. Ltd.)
  • 84 
    Myanma Five Star Shipping Company
  • 85 
    Office of the Chief of Military and Security Affairs

PART 2

Individuals

  • 1 
    Than Shwe, born February 2, 1933
  • 2 
    Maung Aye, born December 25, 1937
  • 3 
    Khin Lay Thet, born June 19, 1947
  • 4 
    Aung Thet Mann, born June 19, 1977 (also known among other names as Shwe Mann Ko Ko)
  • 5 
    Toe Naing Mann, born June 29, 1978
  • 6 
    Zay Zin Latt, born March 24, 1981
  • 7 
    Tin Aung Myint Oo, born May 27, 1950
  • 8 
    Kyaw Win, born January 3, 1944
  • 9 
    Ye Myint, born October 21, 1943
  • 10 
    Tin Lin Myint, born January 25, 1947
  • 11 
    Aung Htwe, born February 1, 1943
  • 12 
    Maung Bo, born February 16, 1945
  • 13 
    Tin Naing Thein, born 1955
  • 14 
    Saw Tun, born May 8, 1935
  • 15 
    Chan Nyein, born 1944 (also known among other names as Chang Nyein)
  • 16 
    Zaw Min, born January 10, 1949
  • 17 
    Lun Thi, born July 18, 1940
  • 18 
    Hla Tun, born July 11, 1951
  • 19 
    Nyan Win, born January 22, 1953
  • 20 
    Kyaw Myint, born 1940
  • 21 
    Maung Oo, born 1952
  • 22 
    Saw Lwin, born 1939
  • 23 
    Soe Tha, born 1945
  • 24 
    Thaung, born July 6, 1937
  • 25 
    Thein Zaw, born October 20, 1951
  • 26 
    Kyaw Thu, born August 15, 1949
  • 27 
    Mya Oo, born January 25, 1940
  • 28 
    Myint Swe, born May 24, 1951
  • 29 
    Hsan Hsint, born 1951
  • 30 
    Than Sein, born February 1, 1946
  • 31 
    Tay Za, born July 8, 1964
  • 32 
    Thidar Zaw, born February 24, 1964
  • 33 
    Pye Phyo Tay Za, born January 29, 1987
  • 34 
    Thiha, born June 24, 1960
  • 35 
    Khin Shwe, born January 21, 1952
  • 36 
    Zay Thiha, born January 1, 1977
  • 37 
    Khin Nyunt, born October 11, 1939
  • 38 
    Khin Win Shwe, born October 6, 1940
  • 39 
    Aung Kyaw Zaw
  • 40 
    Maung Maung Soe
  • 41 
    Than Oo
  • 42 
    Aung Aung
  • 43 
    Khin Maung Soe
  • 44 
    Thura San Lwin
  • 45 
    Thant Zin Oo
  • 46 
    Min Aung Hlaing
  • 47 
    Soe Win
  • 48 
    Sein Win
  • 49 
    Soe Htut
  • 50 
    Ye Aung
  • 51 
    Mya Tun Oo
  • 52 
    Tin Aung San
  • 53 
    Aung Lin Dwe
  • 54 
    Ye Win Oo
  • 55 
    Maung Maung Kyaw
  • 56 
    Moe Myint Tun
  • 57 
    Than Hlaing
  • 58 
    Thein Soe
  • 59 
    Chit Naing
  • 60 
    Mahn Nyein Maung (also known among other names as P’doh (Phado) Man Nyein Maung)
  • 61 
    Thein Nyunt
  • 62 
    Khin Maung Swe
  • 63 
    Aye Nu Sein
  • 64 
    Jeng Phang Naw Taung (also known among other names as Jeng Phang Naw Htaung)
  • 65 
    Moung Har (also known among other names as Maung Har and Maung Ha)
  • 66 
    Sai Lone Hsaing (also known among other names as Sai Lone Saing and Sai Long Hseng)
  • 67 
    Saw Daniel
  • 68 
    Banya Aung Moe
  • 69 
    Aung Pyae Sone
  • 70 
    Khin Thiri Thet Mon
  • 71 
    Thida Oo, born November 27, 1964
  • 72 
    Htun Htun Oo, born July 28, 1956 (also known among other names as Tun Tun Oo)
  • 73 
    U Tin Oo, born November 24, 1952
  • 74 
    Aung Hlaing Oo
  • 75 
    Sit Taing Aung
  • 76 
    Aung Moe Myint
  • 77 
    Htun Aung
  • 78 
    Zaw Min Tun
  • 79 
    Maung Maung Ohn (also known among other names as Mg Mg Ohn)
  • 80 
    Tun Tun Naung
  • 81 
    Khin Maung Yi
  • 82 
    Myo Myint Oo
  • 83 
    Thaung Han
  • 84 
    Win Shein
  • 85 
    Ko Ko Lwin
  • 86 
    Aung Soe
  • 87 
    Zin Min Htet
  • 88 
    Hlaing Moe Myint
  • 89 
    Myo Thitsar
  • 90 
    Htein Win
  • 91 
    Htin Latt Oo
  • 92 
    Than Hteik
  • 93 
    Nyunt Win Swe
  • 94 
    Phone Myat
  • 95 
    Thet Pon
  • 96 
    Maung Maung Aye
  • 97 
    Myo Myint Aung
  • 98 
    Toe Yi, born in 1966 (also known as Toe Ui)
  • 99 
    U Aung Naing Oo, born October 13, 1962
  • 100 
    Ko Ko Oo, born December 2, 1972
  • 101 
    Kyaw Min Oo, born January 18, 1982
  • 102 
    Tun Min Latt, born February 6, 1969
  • 103 
    Khin Phyu Win, born October 11, 1960 (also known as Kyauk Kyar Shwe)
  • 104 
    Win Min Soe, born March 26, 1969
  • 105 
    Maung Maung Naing
  • 106 
    Aung Min
  • 107 
    Kan Myint Than
  • 108 
    Khin Maung Oo
  • 109 
    Than Tun
  • 110 
    Aung Saw Win
  • 111 
    Soe Oo
  • 112 
    Than Aung Kyaw
  • 113 
    Tin Maung Swe
  • 114 
    Than Soe
  • 115 
    Myint Thein
  • 116 
    Myint Oo
  • 117 
    Aung Lwin Oo
  • 118 
    Naing Htut Aung, born January 27, 1968
  • 119 
    Myo Min Oo
  • 120 
    Myint Kyaing, born April 17, 1957
  • 121 
    Thet Khaing Win
  • 122 
    Porel Aung Thein
  • 123 
    Kyaw Swar Lin, born in 1971
  • 124 
    Nyo Saw
  • 125 
    Dwe Bu
  • 126 
    Hmu Thang
  • 127 
    Khun San Lwin
  • 128 
    U Yan Kyaw
  • 129 
    U Shwe Kyein
  • 130 
    Wunna Maung Lwin
  • 131 
    Ni Lin Aung
  • 132 
    U Htoo Htet Tay Za, born January 24, 1993
  • 133 
    Thein Win Zaw
  • 134 
    Myo Swe

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