Special Economic Measures (Ukraine) Regulations (SOR/2014-60)

Regulations are current to 2017-10-13 and last amended on 2016-11-28. Previous Versions

Special Economic Measures (Ukraine) Regulations

SOR/2014-60

SPECIAL ECONOMIC MEASURES ACT

Registration 2014-03-17

Special Economic Measures (Ukraine) Regulations

P.C. 2014-284 2014-03-17

Whereas the Governor in Council is of the opinion that the situation in Ukraine 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, makes the annexed Special Economic Measures (Ukraine) Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Convention

Convention

Convention means the Vienna Convention on Diplomatic Relations, done at Vienna on April 18, 1961. (Convention)

Crimea region of Ukraine

région de Crimée de l’Ukraine

Crimea region of Ukraine means the Autonomous Republic of Crimea and the city of Sevastopol and includes their land areas and territorial sea. (région de Crimée de l’Ukraine)

designated person

personne désignée

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

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, CQLR, 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)

Ukraine

Ukraine

Ukraine includes

  • (a) any political subdivision of Ukraine;

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

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

  • SOR/2015-179, s. 1.

List

Marginal note:Schedule

 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 person engaged in activities that directly or indirectly facilitate, support, provide funding for or contribute to a violation or attempted violation of the sovereignty or territorial integrity of Ukraine or that obstruct the work of international organizations in Ukraine;

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

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

  • (d) an entity whose ownership or control was purported to be altered by a person who has violated or attempted to violate the sovereignty or territorial integrity of Ukraine; or

  • (e) a senior official of an entity engaged in activities described in paragraph (a) or of an entity described in paragraph (c) or (d).

  • SOR/2014-93, s. 1;
  • SOR/2014-172, s. 1.

Prohibitions

Marginal note:Prohibited transactions and activities — designated persons

 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, directly or indirectly, any transaction related to a dealing referred to in paragraph (a);

  • (c) provide any financial or other 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/2015-179, s. 2.
Marginal note:Non-application

 Section 3 does not apply in respect of

  • (a) 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;

  • (b) pension payments to any person in Canada or any Canadian outside Canada;

  • (c) any transaction in respect of any account at a financial institution held by a diplomatic mission, if the transaction is required in order for the mission to fulfill its diplomatic functions as set out in Article 3 of the Convention or, if the diplomatic mission has been temporarily or permanently recalled, when the transaction is required in order to maintain the mission premises;

  • (d) any transaction to international organizations with diplomatic status, a United Nations agency, the International Red Cross and Red Crescent Movement, or Canadian non-governmental organizations that have entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development;

  • (e) any transactions necessary for a Canadian to transfer to a non-designated person any accounts, funds or investments of a Canadian held by a designated person on the day on which that person became a designated person;

  • (f) financial services required in order for a designated person to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations; and

  • (g) loan repayments made to any person in Canada, or any Canadian outside Canada, in respect of loans entered into before the coming into force of these Regulations, enforcement of security in respect of those loans, or payments by guarantors guaranteeing those loans.

Marginal note:Prohibited transactions and activities — Crimea region of Ukraine

 It is prohibited for any person in Canada and any Canadian outside Canada to

  • (a) make an investment in the Crimea region of Ukraine that involves a dealing in any property located in the Crimea region of Ukraine that is held by or on behalf of the Crimea region of Ukraine or a person in the Crimea region of Ukraine;

  • (b) provide or acquire financial or other related services to, from or for the benefit of or on the direction or order of the Crimea region of Ukraine or any person in the Crimea region of Ukraine for the purpose of making an investment referred to in paragraph (a);

  • (c) import, purchase, acquire, ship or otherwise deal in goods, wherever situated, that are exported from the Crimea region of Ukraine after the day on which this section comes into force;

  • (d) export, sell, supply, ship or otherwise deal in goods, wherever situated, destined for the Crimea region of Ukraine or any person in the Crimea region of Ukraine;

  • (e) transfer, provide or communicate technical data or services to, from or for the benefit of or on the direction or order of the Crimea region of Ukraine or any person in the Crimea region of Ukraine;

  • (f) provide or acquire financial or other services related to tourism to, from or for the benefit of or on the direction or order of the Crimea Region of Ukraine or any person in the Crimea Region of Ukraine; or

  • (g) dock a cruise ship in the Crimea region of Ukraine that is registered or licensed, or for which an identification number has been issued, pursuant to any Act of Parliament.

  • SOR/2015-179, s. 3.
Marginal note:Non-application

 Section 4.1 does not apply in respect of

  • (a) goods, if a contract for the export, sale, supply, shipment, import, purchase or acquisition of the goods was entered into before the day on which this section comes into force;

  • (b) investments, if a contract for making the investment was entered into before the day on which this section comes into force;

  • (c) financial or other related services for the purpose of making an investment, if a contract for the provision or acquisition of those financial or other related services was entered into before the day on which this section comes into force;

  • (d) technical data or services, if a contract for the transfer, provision or communication of the technical data or services was entered into before the day on which this section comes into force;

  • (e) financial or other services related to tourism, if a contract for the provision or acquisition of the services was entered into before the day on which this section comes into force;

  • (f) the docking of a cruise ship, if a contract for the docking of the cruise ship was entered into before the day on which this section comes into force; and

  • (g) the docking of a cruise ship, if the ship enters or calls at a port in the Crimea region of Ukraine to ensure the safety of any ship or the protection of the marine environment in emergency situations or to save life at sea.

  • SOR/2015-179, s. 3.
 
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