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.
Return to footnote aS.C. 1992, c. 17
1. 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 Schedule 1. (personne désignée)
- “luxury goods”
“luxury goods” means goods such as jewellery, gems, precious metals, watches, cigarettes, alcoholic beverages, perfume, designer clothing and accessories, furs, sporting goods, private aircraft, gourmet foods and ingredients, lobster, computers, televisions and other electronic devices. (articles de luxe)
“Minister” means the Minister of Foreign Affairs. (ministre)
“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)
- SOR/2012-107, s. 1;
- SOR/2012-145, s. 5.
2. A person whose name is listed in Schedule 1 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.
- SOR/2012-145, s. 5.
3. Subject to section 3.2, 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/2011-220, s. 1;
- SOR/2011-330, s. 1.
3.1 Subject to section 3.2, it is prohibited for any person in Canada and any Canadian outside Canada to
(a) import, purchase, acquire, carry or ship any goods — other than food for human consumption — that are exported, supplied or shipped from Syria after December 23, 2011;
(b) provide or acquire financial or other related services to, from or for the benefit of or on the direction or order of Syria or any person in Syria for the purpose of facilitating the importation, purchase, acquisition, carriage or shipment of any petroleum or petroleum products, excluding natural gas, from Syria;
(c) make an investment in Syria if that investment involves a dealing in any property, wherever situated, held by or on behalf of Syria, a person in Syria or a national of Syria who does not ordinarily reside in Canada;
(d) provide or acquire financial or other related services to, from or for the benefit of or on the direction or order of Syria or any person in Syria for the purpose of making an investment described in paragraph (c);
(e) export, sell, supply or ship to Syria or any person in Syria any goods, including technical data, for use in the monitoring of telecommunications;
(f) provide or acquire financial or other related services — other than those whose provision or acquisition is otherwise prohibited by these Regulations — to, from or for the benefit of or on the direction or order of Syria or any person in Syria;
(g) export, sell, supply or ship to Syria or any person in Syria any luxury goods;
(h) export, sell, supply or ship to Syria or any person in Syria any of the goods set out in Schedule 2; or
(i) transfer, provide or communicate to Syria or any person in Syria technical data related to any of the goods set out in Schedule 2.
- SOR/2011-220, s. 2;
- SOR/2011-330, s. 2;
- SOR/2012-35, s. 1;
- SOR/2012-107, s. 2;
- SOR/2012-145, s. 1.
3.2 The prohibitions set out in sections 3 and 3.1 do not apply in respect of
(a) any activity engaged in under 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;
(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 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;
(d) the importation, purchase, acquisition, carrying or shipping of petroleum or petroleum products that were exported, supplied or shipped from Syria before October 5, 2011;
(e) any goods from the Embassy of Canada in Syria destined for Canada or any goods from Syria destined for the Embassy of Syria in Canada;
(f) personal or settlers’ effects that are taken or shipped by an individual leaving Syria and that are solely for the use of the individual or the individual’s immediate family;
(g) personal correspondence, including lettermail, printed papers and postcards, of a weight not exceeding 250 g per item of correspondence;
(h) pension payments to any person in Canada, any Canadian abroad or any person in Syria;
(i) any transaction in respect of the accounts at a Canadian financial institution that are used for the regular business of the Embassy of Syria or its consular missions in Canada;
(j) any transaction in respect of the accounts at a Syrian financial institution that are used for the regular business of the Embassy of Canada or its consular missions in Syria; and
(k) any transactions necessary for a Canadian to transfer any existing accounts, funds or investments of a Canadian held with a designated person to a non-designated person.
- SOR/2011-220, s. 2;
- SOR/2011-330, s. 2;
- SOR/2012-6, s. 1;
- SOR/2012-35, s. 2.
3.3 In addition to the matters referred to in section 3.2, the prohibition set out in paragraph 3.1(f) does not apply in respect of
(a) loan repayments to any person in Canada, or any Canadian abroad, in respect of loans entered into before March 5, 2012, enforcement of security in respect of those loans, or payments by guarantors guaranteeing those loans;
(b) financial services that are required to be provided or acquired further to a contract entered into before March 5, 2012; and
(c) financial services in respect of non-commercial remittances of $40,000 or less sent to or from Syria, or any person in Syria, if the person providing the financial services keeps a record of the transaction.
- SOR/2012-35, s. 3.
3.4 (1) It is prohibited for any person in Canada and any Canadian outside Canada to
(a) import, purchase, acquire, carry or ship any chemical weapons and equipment, goods or technology related to chemical weapons from Syria, wherever situated, whether held by or on behalf of Syria or any person in Syria; or
(b) transfer, acquire or purchase from Syria or any person in Syria technical assistance that is related to any of the chemical weapons and equipment, goods or technology set out in paragraph (a).
(2) Subsection (1) does not apply to Her Majesty in right of Canada or a province if the Security Council of the United Nations has authorized, for the purpose of ensuring the elimination of Syria’s chemical weapons program, a member state of the United Nations to acquire, control, transport, transfer and destroy chemical weapons identified by the Director-General of the Organisation for the Prohibition of Chemical Weapons.
(3) Paragraph 3.1(a) does not apply after February 3, 2014 to any of the goods set out in paragraph 3.4(1)(a).
- SOR/2014-11, s. 1.
4. 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 or 3.1.
- SOR/2011-220, s. 3;
- SOR/2011-330, s. 2.
DUTY TO DETERMINE
5. 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.
6. (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
7. (1) A designated person may apply in writing to the Minister to have their name removed from Schedule 1.
(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 Schedule 1.
(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/2012-145, s. 5.
APPLICATION FOR A CERTIFICATE
8. (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.
9. [Repealed, SOR/2011-330, s. 3]
APPLICATION PRIOR TO PUBLICATION
COMING INTO FORCE
11. These Regulations come into force on the day on which they are registered.
- SOR/2011-166, ss. 1, 2(E), 3 to 5;
- SOR/2011-220, ss. 5, 6;
- SOR/2011-330, ss. 4, 5;
- SOR/2012-6, ss. 2 to 4;
- SOR/2012-35, ss. 4, 5;
- SOR/2012-74, ss. 1, 2;
- SOR/2012-107, ss. 3 to 5;
- SOR/2012-145, ss. 2, 3;
- SOR/2012-166, ss. 1, 2;
- SOR/2012-249, ss. 1 to 4;
- SOR/2014-11, ss. 2(E), 3(F), 4.
|Item||Column 1||Column 2|
|1.||2-bromochloroethane||Chemical Abstracts Service registry number 107-04-0|
|2.||2-methoxyethanol||Chemical Abstracts Service registry number 109-86-4|
|3.||Aluminum chloride||Chemical Abstracts Service registry number 7446-70-0|
|4.||Agitators||Agitators for use in reaction vessels or reactors, with a total internal (geometric) volume greater than 0.1 m3 (100 L) and less than 20 m3(20,000 L), that are not specified in the Export Control List|
|5.||Arsenic||Chemical Abstracts Service registry number 7440-38-2|
|6.||Arsenic trioxide||Chemical Abstracts Service registry number 1327-53-3|
|7.||Batch centrifuges||Batch centrifuges with a rotor capacity of 4 L or greater, usable with biological materials|
|8.||Benzil||Chemical Abstracts Service registry number 134-81-6|
|9.||Biosafety cabinets||Class II biosafety cabinets|
|11.||Clean-air Rooms||Conventional or turbulent air-flow clean-air rooms|
|12.||Dichloromethane||Chemical Abstracts Service registry number 75-09-2|
|13.||Diethylamine||Chemical Abstracts Service registry number 109-89-7|
|14.||Diethylenetriamine||Chemical Abstracts Service registry number 111-40-0|
|15.||Diethyl ether||Chemical Abstracts Service registry number 60-29-7|
|16.||Dimethylaminoethanol||Chemical Abstracts Service registry number 108-01-0|
|17.||Dimethyl ether||Chemical Abstracts Service registry number 115-10-6|
|18.||Distillation or Absorption Columns||Distillation or absorption columns of internal diameter greater than 0.1 m that are not specified in the Export Control List|
|19.||Ethylamine||Chemical Abstracts Service registry number 75-04-7|
|20.||Ethyl bromide||Chemical Abstracts Service registry number 74-96-4|
|21.||Ethyl chloride||Chemical Abstracts Service registry number 75-00-3|
|22.||Ethylene dichloride||Chemical Abstracts Service registry number 107-06-2|
|23.||Fermenters||Fermenters, with an internal volume equal to or greater than 10 L and less than 20 L, usable with biological materials|
|24.||Fume hoods||Floor-mounted fume hoods (walk-in style) with a minimum nominal width of 2.5 m|
|25.||Glove boxes||Class II glove boxes|
|26.||Heat Exchangers or Condensers||Heat exchangers or condensers, with a heat transfer surface area greater than 0.05 m2 and less than 30 m2, and tubes, plates, coils, or blocks (cores) designed for such heat exchangers or condensers, that are not specified in the Export Control List|
|27.||HEPA Filter Units||Self-contained fan-HEPA filter units that may be used for CL3 or CL4 (P3, P4, BSL3, BSL4, L3, L4) containment facilities|
|28.||Hexamine||Chemical Abstracts Service registry number 100-97-0|
|29.||Isocyanatomethane||Chemical Abstracts Service registry number 624-83-9|
|30.||Isopropyl bromide||Chemical Abstracts Service registry number 75-26-3|
|31.||Isopropyl ether||Chemical Abstracts Service registry number 108-20-3|
|32.||Methylamine||Chemical Abstracts Service registry number 74-89-5|
|33.||Methyl bromide||Chemical Abstracts Service registry number 74-83-9|
|34.||Monoisopropylamine||Chemical Abstracts Service registry number 75-31-0|
|35.||Nitromethane||Chemical Abstracts Service registry number 75-52-5|
|36.||N,N-Dimethylaniline||Chemical Abstracts Service registry number 121-69-7|
|37.||Obidoxime chloride||Chemical Abstracts Service registry number 114-90-9|
|38.||Picric acid||Chemical Abstracts Service registry number 88-89-1|
|39.||Potassium bromide||Chemical Abstracts Service registry number 7758-02-3|
|40.||Pumps||Multiple-seal, single-seal, and seal-less pumps, with manufacturer’s specified maximum flow-rate greater than 0.6 m3/h, that are not specified in the Export Control List|
|41.||Pyridine||Chemical Abstracts Service registry number 110-86-1|
|42.||Pyridostigmine bromide||Chemical Abstracts Service registry number 101-26-8|
|43.||Quinaldine||Chemical Abstracts Service registry number 91-63-4|
|44.||Reaction Vessels or Reactors||Reaction vessels or reactors, with or without agitators, with total internal (geometric) volume greater than 0.1 m3 (100 L) and less than 20 m3 (20,000 L), that are not specified in the Export Control List|
|45.||Respirators||Full face-mask air-purifying and air-supplying respirators|
|46.||Sodium bromide||Chemical Abstracts Service registry number 7647-15-6|
|47.||Sodium metal||Chemical Abstracts Service registry number 7440-23-5|
|48.||Storage Tanks, Containers, or Receivers||Storage tanks, containers or receivers, with a total internal (geometric) volume greater than 0.1 m3 (100 L), that are not specified in the Export Control List|
|49.||Tributylamine||Chemical Abstracts Service registry number 102-82-9|
|50.||Tributylphosphite||Chemical Abstracts Service registry number 102-85-2|
|51.||Triethylamine||Chemical Abstracts Service registry number 121-44-8|
|52.||Trimethylamine||Chemical Abstracts Service registry number 75-50-3|
|53.||Vacuum Pumps||Vacuum pumps, with a manufacturer’s specified maximum flow-rate greater than 1 m3/h (under standard temperature (273 K (0°C)) and pressure (101.3 kPa) conditions), and casings (pump bodies) and preformed casing-liners, impellers, rotors, and jet pump nozzles designed for such pumps, that are not specified in the Export Control List|
|54.||Valves||Valves, with “nominal sizes” greater than 10mm, and casings (valve bodies) designed for such valves, that are not specified in the Export Control List|
|55.||Acetone||Chemical Abstracts Service registry number 67-64-1|
|56.||Acetylene||Chemical Abstracts Service registry number 74-86-2|
|57.||Ammonia||Chemical Abstracts Service registry number 7664-41-7|
|58.||Antimony||Chemical Abstracts Service registry number 7440-36-0|
|59.||Benzaldehyde||Chemical Abstracts Service registry number 100-52-7|
|60.||Benzoin||Chemical Abstracts Service registry number 119-53-9|
|61.||1-Butanol||Chemical Abstracts Service registry number 71-36-3|
|62.||2-Butanol||Chemical Abstracts Service registry number 78-92-2|
|63.||Iso-Butanol||Chemical Abstracts Service registry number 78-83-1|
|64.||Tert-Butanol||Chemical Abstracts Service registry number 75-65-0|
|65.||Calcium carbide||Chemical Abstracts Service registry number 75-20-7|
|66.||Carbon monoxide||Chemical Abstracts Service registry number 630-08-0|
|67.||Chlorine||Chemical Abstracts Service registry number 7782-50-5|
|68.||Cyclohexanol||Chemical Abstracts Service registry number 108-93-0|
|69.||Dicyclohexylamine (DCA)||Chemical Abstracts Service registry number 101-83-7|
|70.||Ethanol||Chemical Abstracts Service registry number 64-17-5|
|71.||Ethylene||Chemical Abstracts Service registry number 74-85-1|
|72.||Ethylene oxide||Chemical Abstracts Service registry number 75-21-8|
|73.||Fluorapatite||Chemical Abstracts Service registry number 1306-05-4|
|74.||Hydrogen chloride||Chemical Abstracts Service registry number 7647-01-0|
|75.||Hydrogen sulfide||Chemical Abstracts Service registry number 7783-06-4|
|76.||Isopropanol (95 % concentration or greater)||Chemical Abstracts Service registry number 67-63-0|
|77.||Mandelic acid||Chemical Abstracts Service registry number 90-64-2|
|78.||Methanol||Chemical Abstracts Service registry number 67-56-1|
|79.||Methyl iodide||Chemical Abstracts Service registry number 74-88-4|
|80.||Methyl mercaptan||Chemical Abstracts Service registry number 74-93-1|
|81.||Monoethyleneglycol||Chemical Abstracts Service registry number 107-21-1|
|82.||Oxalyl chloride||Chemical Abstracts Service registry number 79-37-8|
|83.||Potassium sulphide||Chemical Abstracts Service registry number 1312-73-8|
|84.||Potassium thiocyanate||Chemical Abstracts Service registry number 333-20-0|
|85.||Sodium hypochlorite||Chemical Abstracts Service registry number 7681-52-9|
|86.||Sulphur||Chemical Abstracts Service registry number 7704-34-9|
|87.||Sulphur dioxide||Chemical Abstracts Service registry number 7446-09-5|
|88.||Sulphur trioxide||Chemical Abstracts Service registry number 7446-11-9|
|89.||Thiophosphoryl chloride||Chemical Abstracts Service registry number 3982-91-0|
|90.||Tri-isobutyl phosphite||Chemical Abstracts Service registry number 1606-96-8|
|91.||White phosphorus||Chemical Abstracts Service registry number 12185-10-3|
|92.||Yellow phosphorus||Chemical Abstracts Service registry number 7723-14-0|
|93.||Methyl chloride||Chemical Abstracts Service registry number 74-87-3|
|94.||Laboratory Equipment||Equipment, including parts and accessories, specifically designed for the (destructive or non-destructive) analysis or detection of chemical substances, with the exception of equipment, parts and accessories, specifically intended for medical use|
- SOR/2012-145, s. 4;
- SOR/2014-11, s. 5.
- Date modified: