Special Economic Measures (Iran) Regulations (SOR/2010-165)

Regulations are current to 2016-05-12 and last amended on 2016-02-05. Previous Versions

Special Economic Measures (Iran) Regulations

SOR/2010-165

SPECIAL ECONOMIC MEASURES ACT

Registration 2010-07-22

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.

Interpretation

 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arms and related material[Repealed, SOR/2016-15, s. 1]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

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designated person[Repealed, SOR/2016-15, s. 1]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

Guide has the same meaning as in section 1 of the Export Control List. (Guide)

Iran

Iran means the Islamic Republic of Iran and includes

  • (a) any of its political subdivisions;

  • (b) its government and any of its departments or a government or department of its political subdivisions; and

  • (c) any of its agencies or any agency of its political subdivisions. (Iran)

Iranian financial institution

Iranian financial institution[Repealed, SOR/2016-15, s. 1]

Minister

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

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.

List

 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.

Prohibitions

 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.

 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.
  •  (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.

 [Repealed, SOR/2016-15, s. 5]

 [Repealed, SOR/2016-15, s. 5]

 [Repealed, SOR/2016-15, s. 5]

 [Repealed, SOR/2016-15, s. 5]

 [Repealed, SOR/2016-15, s. 5]

 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.

 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

    • (i) the safeguarding of human life,

    • (ii) disaster relief, or

    • (iii) the provision of food, medicine and medical supplies.

  • SOR/2011-268, s. 6;
  • SOR/2012-283, s. 7;
  • SOR/2013-108, s. 5;
  • SOR/2016-15, s. 6.
 
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