Version of document from 2011-05-24 to 2011-08-10:

Special Economic Measures (Syria) Regulations

SOR/2011-114

SPECIAL ECONOMIC MEASURES ACT

Registration 2011-05-24

Special Economic Measures (Syria) Regulations

P.C. 2011-594 2011-05-24

Whereas the Governor in Council is of the opinion that the situation in Syria constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

Therefore, His 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 (Syria) Regulations.

INTERPRETATION

 The following definitions apply in these Regulations.

“designated person”

“designated person” means a person who is in Syria, or is a national of Syria who does not ordinarily reside in Canada, and whose name is listed in the schedule. (personne désignée)

“Minister”

“Minister” means the Minister of Foreign Affairs. (ministre)

“Syria”

“Syria” means the Syrian Arab Republic and includes

  • (a) any political subdivision of Syria;

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

  • (c) any agency of Syria or of a political subdivision of Syria. (Syrie)

LIST

 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 Syria;

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

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

  • (d) an entity owned or controlled by, or acting on behalf of, the Government of Syria.

PROHIBITIONS

 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.

 It is prohibited for any person in Canada and any Canadian outside Canada to do anything that causes, assists or promotes or is intended to cause, assist or promote any act or thing prohibited by section 3.

DUTY TO DETERMINE

 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 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.

DISCLOSURE

  •  (1) Every person in Canada and every Canadian outside Canada must 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).

  • (2) No person contravenes subsection (1) by disclosing in good faith under that subsection.

APPLICATION TO NO LONGER BE A DESIGNATED PERSON

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

  • (2) On receipt of the 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).

APPLICATION FOR A CERTIFICATE

  •  (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated under section 2.

  • (2) If it is established that the person is not a designated person, the Minister must issue a certificate to the applicant within 30 days after the day on which the application is received.

EXCLUSIONS

 The prohibitions set out in sections 3 and 4 do not apply in respect of

  • (a) any activity engaged in pursuant to an agreement or arrangement between Canada and Syria;

  • (b) any payment made by or on behalf of a designated person that is due under a contract entered into before the person became a designated person, provided that the payment is not made to or for the benefit of a designated person; or

  • (c) any good made available, or service provided, to or by any of the following entities for the purpose of safeguarding human life, disaster relief, democratization, stabilization or providing food, medicine or medical supplies or equipment:

    • (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.

APPLICATION PRIOR TO PUBLICATION

 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

COMING INTO FORCE

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

SCHEDULE(Section 2)PERSONS

PART 1ENTITIES

  • 1. 
    General Intelligence Directorate
  • 2. 
    Presidential Guard
  • 3. 
    Political Security Directorate
  • 4. 
    Syrian Military Intelligence
  • 5. 
    Syrian Air Force Intelligence
  • 6. 
    Syrian Ministry of Defence
  • 7. 
    Syrian Ministry of the Interior

PART 2INDIVIDUALS

  • 1. 
    Bashar al-Assad
  • 2. 
    Farouk al-Shaara
  • 3. 
    Adil Safar
  • 4. 
    Ali Habib Mahmoud
  • 5. 
    Maher al-Assad
  • 6. 
    Ali Mamlouk
  • 7. 
    Muhammad Ibrahim al-Shaar
  • 8. 
    Atif Najib
  • 9. 
    Hafez Makhlouf
  • 10. 
    Mohammad Dib Zaytun
  • 11. 
    Amjad Abbas
  • 12. 
    Rami Makhluf
  • 13. 
    Abd-al-Farah Qudsiyah
  • 14. 
    Jamil Hassan
  • 15. 
    Rustom Ghazali
  • 16. 
    Fawwaz al-Assad
  • 17. 
    Mudhir al-Assad
  • 18. 
    Asif Shawkat
  • 19. 
    Hisham Ikhtiyar
  • 20. 
    Muhammad Nasif Khayrbik
  • 21. 
    Mohamed Hamcho
  • 22. 
    Iyad Makhlouf
  • 23. 
    Bassam Al Hassan
  • 24. 
    Dawud Rajiha
  • 25. 
    Ihab Makhlouf