Special Economic Measures Act (S.C. 1992, c. 17)

Marginal note:Agreements

7.1 The Minister of Foreign Affairs may, with the approval of the Governor in Council, enter into an agreement with the government of any foreign state respecting the use by the foreign state, for any of the following purposes, of amounts that may be paid out under section 5.6:

• (a) the reconstruction of the foreign state adversely affected by a grave breach of international peace and security;

• (b) the restoration of international peace and security; and

• (c) the compensation of victims of a grave breach of international peace and security, gross and systematic human rights violations or acts of significant corruption.

Marginal note:Offence and punishment

8 Every person who wilfully contravenes or fails to comply with an order or regulation made under section 4

• (a) is guilty of an offence punishable on summary conviction and is liable to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding one year, or to both; or

• (b) is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.

Marginal note:Peace officers for the purposes of this Act

• 9 (1) A person having the powers of an officer under the Customs Act, the Excise Act or the Excise Act, 2001 is deemed to be a peace officer for the purposes of this Act and sections 487 to 490, 491.l and 491.2 of the Criminal Code.

• Marginal note:Search and seizure

  (2) A peace officer may search any building, receptacle or place for anything

  • (a) in respect of which there are reasonable grounds to believe that any offence against this Act has been committed,

  • (b) that there are reasonable grounds to believe has been used in the commission of an offence against this Act, or

  • (c) that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against this Act

  without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impractical to obtain a warrant, and may seize any such thing found therein.

Marginal note:Evidence

• 10 (1) The original or a copy of a bill of lading, customs document, commercial invoice or other document is admissible in evidence in a prosecution under this Act in relation to any dealing with respect to goods where it appears from the document that

  • (a) the goods were sent or shipped from Canada or into Canada;

  • (b) a person, as shipper, consignor or consignee, sent or shipped the goods from Canada or into Canada; or

  • (c) the goods were sent or shipped to a particular destination or person.

• Marginal note:Proof of the facts

  (2) In the absence of evidence to the contrary, a document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the document.

Marginal note:Proceedings

• 11 (1) Any proceedings in respect of an offence under this Act may be tried and determined by the court having jurisdiction at the place in Canada where the offence was committed or at the place in Canada in which the person charged with the offence is, resides or has an office or place of business at the time of commencement of the proceedings.

• Marginal note:Proceedings where Canadians outside Canada

  (2) Where a Canadian is alleged to have committed, outside Canada, an offence against this Act, any proceedings in respect of that offence may, whether or not that person is in Canada, be commenced in any territorial division in Canada and the accused may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

• Marginal note:Idem

  (3) For greater certainty, the provisions of the Criminal Code relating to

  • (a) requirements that an accused appear at and be present during proceedings, and

  • (b) the exception to those requirements,

  apply to proceedings commenced in any territorial division pursuant to subsection (2).

Marginal note:Consent of Attorney General required

12 Proceedings with respect to an offence under this Act may only be commenced with the consent of the Attorney General of Canada.