Special Economic Measures (Iran) Regulations
P.C. 2010-952 2010-07-22
Whereas the Governor in Council is of the opinion that the situation in Iran 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 (Iran) Regulations.
Return to footnote aS.C. 1992, c. 17
1 The following definitions apply in these Regulations.
- arms and related material
arms and related material[Repealed, SOR/2016-15, s. 1]
- Canadian financial institution
Canadian financial institution has the same meaning as in section 2 of the Bank Act. (institution financière canadienne)
Convention means the Vienna Convention on Diplomatic Relations, done at Vienna on April 18, 1961. (Convention)
- designated person
designated person[Repealed, SOR/2016-15, s. 1]
Guide has the same meaning as in section 1 of the Export Control List. (Guide)
Iran means the Islamic Republic of Iran and includes
- Iranian financial institution
Iranian financial institution[Repealed, SOR/2016-15, s. 1]
Minister means the Minister of Foreign Affairs. (ministre)
- mission premises
mission premises has the same meaning as “premises of the mission” in Article 1 of the Convention, and includes the mission’s archives. (locaux de la mission)
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)
- significant interest
significant interest[Repealed, SOR/2016-15, s. 1]
- SOR/2012-283, s. 1;
- SOR/2016-15, s. 1.
2 A person whose name is listed in Schedule 1 is a person who is in Iran, or is a national of Iran 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 person engaged in activities that directly or indirectly facilitate, support, provide funding for, contribute to, or could contribute to, Iran’s proliferation-sensitive nuclear activities, or to Iran’s activities related to the development of chemical, biological or nuclear weapons of mass destruction or delivery systems for such weapons, including when the person is an entity, a senior official of the entity;
(b) a former or current senior official in the Islamic Revolutionary Guard Corps;
(c) an associate or family member of a person referred to in paragraph (a) or (b);
(d) an entity owned or controlled by, or acting on behalf of, a person set out in paragraphs (a) or (b); or
(e) a senior official of an entity referred to in paragraph (d).
- SOR/2012-283, s. 2;
- SOR/2016-15, s. 2.
3 It is prohibited for any person in Canada or any Canadian outside Canada to
(a) deal in any property, wherever situated, that is owned, held or controlled by a listed person or by a person acting on behalf of a listed 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 listed person or to a person acting on behalf of a listed person; or
(e) provide any financial or related service to a listed person or to a person acting for the benefit of a listed person.
- SOR/2011-268, s. 1;
- SOR/2016-15, s. 3.
3.1 Section 3 does not apply with respect to
(a) pension payments to any person in Canada or any Canadian outside Canada;
(b) any transaction in respect of any account held by a diplomatic mission at a financial institution, if the transaction is required in order for the mission to fulfil its diplomatic functions as set out in Article 3 of the Convention or, if the diplomatic mission has been temporarily or permanently recalled, if the transaction is required in order to maintain the mission premises;
(c) any transaction with any international organizations with diplomatic status, with any United Nations agencies, with the International Red Cross and Red Crescent Movement, or with any Canadian non-governmental organizations that have entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development;
(d) the transfer of any accounts, funds or investments held on behalf of a Canadian by a listed person on the day on which that person’s name was listed to any person who is not a listed person;
(e) any dealings with respect to loan repayments made by a listed person on loans entered into before the day on which that person’s name was listed to any person in Canada or any Canadian outside Canada who is not a listed person;
(f) the exercise of a right by a person who is not a listed person with respect to a listed person’s property that is subject to a lien, a mortgage or security interest, a hypothec or prior claim, or a charge; or
(g) financial services required in order for a listed person to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations.
- SOR/2011-268, s. 2;
- SOR/2012-283, s. 3;
- SOR/2013-108, s. 1;
- SOR/2016-15, s. 3.
4 (1) It is prohibited for any person in Canada or any Canadian outside Canada to export, sell, supply or ship any of the goods listed in Schedule 2, wherever situated, to Iran, to a person in Iran, or to a person for the purposes of a business carried on in or operated from Iran.
(2) It is prohibited for any person in Canada or any Canadian outside Canada to transfer, provide or disclose to Iran or any person in Iran any technical data related to the goods listed in Schedule 2.
- SOR/2011-268, s. 3;
- SOR/2012-283, s. 4;
- SOR/2013-108, s. 2;
- SOR/2016-15, s. 4.
4.1 [Repealed, SOR/2016-15, s. 5]
5 [Repealed, SOR/2016-15, s. 5]
6 [Repealed, SOR/2016-15, s. 5]
7 [Repealed, SOR/2016-15, s. 5]
7.1 [Repealed, SOR/2016-15, s. 5]
8 It is prohibited for any person in Canada or any Canadian outside Canada to do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any act or thing prohibited by sections 3 and 4.
- SOR/2012-283, s. 7;
- SOR/2016-15, s. 5.
8.1 Sections 4 and 8 do not apply to
(a) equipment, services and software that facilitate secure and widespread communications via information technologies, or the provision or acquisition of financial services in relation to such equipment, services and software, provided that an export permit has been issued in respect of any goods listed in the Guide;
(b) goods used to purify water for civilian and public health purposes, or the provision or acquisition of financial services in relation to such goods; and
(c) any activity, or the provision or acquisition of financial services in relation to an activity, that has as its purpose
- SOR/2011-268, s. 6;
- SOR/2012-283, s. 7;
- SOR/2013-108, s. 5;
- SOR/2016-15, s. 6.
Duty to Determine
9 The following entities must determine on a continuing basis whether they are in possession or control of property that is owned, held or controlled by or on behalf of a listed person:
(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;
(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.
- SOR/2016-15, s. 7.
10 (1) Every person in Canada and every Canadian outside Canada must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service
- SOR/2016-15, s. 8.
Application to No Longer Be a Listed Person
(2) On receipt of an 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 the schedule.
(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).
- SOR/2016-15, s. 10.
Application for a Certificate
12 (1) A person whose name is the same as or similar to the name of a listed person and that claims not to be that listed person may apply to the Minister in writing for a certificate stating that they are not that listed person.
(2) If it is established that the person is not a listed person, the Minister must issue a certificate to the applicant within 30 days after receiving the application.
- SOR/2016-15, s. 11.
13 [Repealed, SOR/2011-268, s. 7]
14 [Repealed, SOR/2011-268, s. 7]
Application Before Publication
Coming into Force
16 These Regulations come into force on the day on which they are registered.
- SOR/2011-225, s. 1;
- SOR/2011-268, ss. 8 to 11;
- SOR/2012-7, ss. 1, 2;
- SOR/2012-283, ss. 8, 9;
- SOR/2013-108, ss. 6, 7;
- SOR/2016-15, s. 12.
|Item||Column 1||Column 2|
|1||Aerodynamic particle size measuring equipment||Any equipment designed to measure in real time the aerodynamic particle size of aerosols in the range of 0.1 to 50 micrometers.|
|2||Aerosol generators||Any equipment capable of producing aerosols of radioactive, chemical or biological materials with aerodynamic particle sizes in the range of 0.1 to 50 micrometres.|
|3||Aluminum and aluminum alloy products||Piping, tubing, fittings, flanges, forging, castings, valves, any unfinished products in any form and any waste or scrap that are made of aluminum and its alloys that are not specified in the Export Control List.|
|4||Argon ion lasers||Argon ion lasers that are not specified in the Export Control List and have an average output power equal to or greater than 5 W.|
|5||Autoclaves (double-ended)||Double-ended or pass-through autoclaves with internal volume greater than 1 m3, bioseal, interlocking doors, warning lights or audible alarms.|
|6||Automated take-off or landing systems||Systems that are usable in the systems specified in entry 6-1.A.2 of the Guide and are capable of operating vehicles with a stall speed in excess of 30 knots.|
|7||Batch centrifuges||Batch centrifuges with a rotor capacity of 25 L or greater, usable with biological material.|
|8||Bellows-sealed scroll compressors and vacuum pumps|
|9||Decanning and decladding equipment||Mechanical equipment designed or usable for decanning or decladding spent nuclear reactor fuel as part of a fuel processing process.|
|10||Drum drying equipment||Any drum drying equipment capable of producing dry particles of radioactive, chemical or biological materials with aerodynamic particle sizes in the range of 0.1 to 50 micrometres.|
|11||Electrical power supply units and transformers|
High voltage direct current power supply units that are not specified in the Export Control List and
|12||Electrolytic cells for fluorine products|
Electrolytic cells that are not specified in the Export Control List that
|13||Fibrous or filamentary materials|
The following fibrous or filamentary materials or prepregs that are not specified in the Export Control List:
Flow-forming machines and spin-forming machines capable of flow-forming functions and mandrels, as follows:
|15||Frequency changers (inverters) and specially designed software for them|
|16||Glove boxes||Any glove boxes or similar devices with remote manipulators that can provide the operator with protection from radiation or radioactive materials.|
|17||Heat treatment and sintering furnaces||Controlled-atmosphere heat treatment furnaces capable of operation at temperatures above 400°C.|
|18||HEPA filters||HEPA filters of a frame area of 0.0625 m2 or larger with a DOP rating of 99.997% (at 0.3 micron) or higher.|
|19||High speed cameras||Electronic framing cameras having a speed exceeding 1000 frames per second.|
|20||Lead in sheets or blocks/bricks||Must be suitable for use in shielding.|
|21||Magnetic alloys in thin strip form||Magnetic alloy materials in sheet or thin strip form with a thickness of 0.1 mm or less, made of iron-chromium-cobalt, iron-cobalt-vanadium, iron-chromium-cobalt-vanadium or iron-chromium.|
The following mass spectrometers that are not specified in the Export Control List that are capable of measuring ions of 200 atomic mass units or more and have a resolution of better than 2 parts in 200:
|23||Nucleic acid synthesisers||Any device designed to produce oligonucleotides from nucleic acids or derivatives.|
|24||Oxidation furnaces||Furnaces capable of operation at temperatures over 400°C.|
|25||Riot gear||Riot helmets and associated equipment, balaclavas, flashbangs, sting-ball grenades, impact munitions, chemical munitions, clothing specifically used for physical protection in riot control situations, batons and paintball guns.|
|26||Sintered metal filters employing monel or other high nickel content alloys|
Sintered metal filters made of
|27||Sintering presses||Sintering systems, including parts, software and technology for them, capable of generating a temperature in excess of 999°C or atmospheric pressure of less than 2 atmospheres.|
|28||Tributyl phosphate (TBP)||Chemical Abstract Service registry number 126-73-8.|
|29||Absolute pressure transducers||Absolute pressure transducers capable of measuring absolute pressures below 100 kPa, and specially designed parts and software for them.|
|30||Gamma-ray spectrometers||Gamma-ray spectrometers of all types and specifications, and specially designed parts and software for them.|
|31||Numerically controlled machine tools||Numerically controlled machine tools of all types, and specially designed parts and software for them.|
|32||Electroslag remelters||Electroslag remelters of all types and specifications, and specially designed parts for them.|
|33||Gold, silver, platinum, palladium, ruthenium, rhodium, osmium and iridium||In addition to specific items made of those metals referred to in these Regulations, all raw, semi-finished or finished forms of those metals or their alloys.|
|34||Helium or hydrogen leak detectors||Helium or hydrogen leak detectors capable of detecting leak rates of less than 1 x 10-5 standard cubic centimetres of air per second (atm cc/s for air).|
|35||Smelting machinery and products||Any smelting machines and specially designed parts for them, as well as any reducing agents or fluxes used in the smelting process.|
|36||Stainless steel valves, piping, tubing and fittings||Any valves, piping, tubing and fittings that are made of stainless steel type 304, 316 or 317 and that are not specified in the Export Control List.|
|37||Maraging steels||Maraging steels in the Export Control List 6-6.C.8 having an ultimate tensile strength equal to or greater than 2.05 GPa, measured at 20°C, in the form of sheet, plate or tubing with a wall or plate thickness equal to or less than 5.0 mm and usable in systems specified in 6-1.A or 6-19.A.1 of the Guide.|
|38||Explosive release devices||Explosive bolts|
Propellants and constituent chemicals for propellants, either as a pure substance or as a mixture containing at least 50% of one of the following chemicals:
|40||Production equipment||Computer controlled or numerically controlled laser welding and laser cutting machines, and their specially designed components.|
|41||Production equipment||Computer controlled or numerically controlled electron beam welding machines, and their specially designed components.|
- SOR/2011-268, ss. 12, 13;
- SOR/2012-283, s. 10;
- SOR/2016-15, s. 12.
- Date modified: