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

Regulations are current to 2017-11-20 and last amended on 2012-04-24. 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

 The following definitions apply in these Regulations.

arms and related material

armes et matériel connexe

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

Birmanie

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controlling interest[Repealed, SOR/2012-85, s. 1]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

personne designée

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

Minister

ministre

Minister means the Minister of Foreign Affairs. (ministre)

pension

pension

pension means a benefit paid under the Old Age Security Act, the Canada Pension Plan or an Act respecting the Quebec Pension Plan, R.S.Q. c. R-9, any superannuation, pension or benefit paid under or in respect of any retirement savings plan or under any retirement plan, any amount paid under or in respect of the Garnishment, Attachment and Pension Diversion Act or the Pension Benefits Division Act, and any other payment made in respect of disability. (pension)

  • SOR/2012-85, s. 1.

List

Marginal note:Designated person

 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 Burma, the State Peace and Development Council of Burma, the Union Solidarity and Development Association of Burma or a successor to any of the foregoing;

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

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

  • (d) an entity owned or controlled or acting on behalf of the Government of Burma, the State Peace and Development Council of Burma, the Union Solidarity and Development Association of Burma or a successor to any of the foregoing.

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, 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.

  • SOR/2012-85, s. 2.
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, 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.

  • 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]

 [Repealed, SOR/2012-85, s. 2]

 [Repealed, SOR/2012-85, s. 2]

Marginal note:Prohibition

 No person in Canada and no Canadian outside Canada shall do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by section 3 or 4.

  • SOR/2012-85, s. 3.

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 person contravenes subsection (1) by disclosing in good faith under that subsection.

 
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