Special Economic Measures (Burma) Regulations
SOR/2007-285
Registration 2007-12-13
Special Economic Measures (Burma) Regulations
P.C. 2007-1913 2007-12-13
Whereas the Governor in Council is of the opinion that the situation in Burma 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 (Burma) Regulations.
Return to footnote aS.C. 1992, c. 17
Interpretation
Marginal note:Definitions
1 The following definitions apply in these Regulations.
- arms and related material
arms and related material means any type of weapon, ammunition, military vehicle or military or paramilitary equipment, and includes their spare parts. (armes et matériel connexe)
- Burma
Burma means Myanmar, and includes
(a) any political subdivision of Myanmar;
(b) the government, and any department of Myanmar or of a political subdivision of Myanmar; and
(c) any agency of Myanmar or of a political subdivision of Myanmar. (Birmanie)
- controlling interest
controlling interest[Repealed, SOR/2012-85, s. 1]
- designated person
designated person means a person whose name is listed on the schedule in accordance with section 2. (personne designée)
- Minister
Minister means the Minister of Foreign Affairs. (ministre)
- 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)
- SOR/2012-85, s. 1
List
Marginal note:Designated person
2 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 Burma, the State Peace and Development Council of Burma, the Union Solidarity and Development Association of Burma or a successor to any of the foregoing;
(b) an associate or family member of a person set out in paragraph (a);
(c) an entity owned, controlled or acting on behalf of a person set out in paragraphs (a) or (b); or
(d) an entity owned or controlled or acting on behalf of the Government of Burma, the State Peace and Development Council of Burma, the Union Solidarity and Development Association of Burma or a successor to any of the foregoing.
Prohibitions
Marginal note:Asset freeze
3 Subject to section 18, 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/2012-85, s. 2
Marginal note:Restricted or prohibited activities
4 Subject to section 19, it is prohibited for any person in Canada and any Canadian outside Canada to
(a) export, sell, supply, ship, transport or otherwise deal in arms and related material, wherever situated, destined for Burma or any person in Burma;
(b) import, purchase, acquire, ship, transport or otherwise deal in arms and related material, wherever situated, that are exported from Burma after December 13, 2007;
(c) transfer, provide or communicate technical data related to military activities or to the provision, manufacture, maintenance or use of arms and related material to Burma or any person in Burma; or
(d) provide or acquire financial or other services related to military activities or to the provision, manufacture, maintenance or use of arms and related material to, from or for the benefit of or on the direction or order of Burma or any person in Burma.
- SOR/2012-85, s. 2
5 [Repealed, SOR/2012-85, s. 2]
6 [Repealed, SOR/2012-85, s. 2]
7 [Repealed, SOR/2012-85, s. 2]
8 [Repealed, SOR/2012-85, s. 2]
9 [Repealed, SOR/2012-85, s. 2]
10 [Repealed, SOR/2012-85, s. 2]
11 [Repealed, SOR/2012-85, s. 2]
12 [Repealed, SOR/2012-85, s. 2]
Marginal note:Assisting in a prohibited activity
13 It is prohibited for any person in Canada or any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any activity prohibited by sections 3 and 4.
- SOR/2012-85, s. 3
- SOR/2019-61, s. 1
Duty to Determine
Marginal note:Determination
14 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 authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services; and
(j) 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.
- SOR/2012-85, s. 4
Disclosure
Marginal note:Report
15 (1) Every person in Canada and every Canadian outside Canada shall 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).
Marginal note:Immunity
(2) No proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1).
Application to No Longer Be a Designated Person
Marginal note:Petition
16 (1) A designated person may apply to the Minister in writing to have their name removed from the schedule.
Marginal note:Decision
(2) On receipt of an application, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the schedule.
Marginal note:Presumption
(3) If the Minister does not make a decision on the application within 90 days after the day on which the application is received, the Minister is deemed to have decided to recommend that the applicant remain a designated person.
Marginal note:Notice
(4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken.
Marginal note:New application
(5) If there has been a material change in circumstances since the last petition was submitted, a person may submit another application under subsection (1).
- SOR/2012-85, s. 5
Application for a Certificate
Marginal note:Mistaken identity
17 (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.
Marginal note:Certificate — time frame
(2) If it is established that the person is not a designated person, the Minister shall issue a certificate to the applicant within 15 days after the day on which the application is received.
Exclusions
Marginal note:Exceptions to section 3
18 Section 3 does not apply in respect of
(a) any activity engaged in under an agreement or arrangement between Canada and Burma;
(b) any payment made by or on behalf of a designated person that is due under a contract that the designated person entered into before they became a designated person, provided that the payment is not made to a designated person or to a person acting on behalf 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, medical supplies or equipment or development assistance:
(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; and
(d) any transaction necessary for a Canadian to transfer any existing accounts, funds or investments of a Canadian held with a designated person to a person other than a designated person.
- SOR/2012-85, s. 6
- SOR/2021-237, s. 1
Marginal note:Exceptions to section 4
19 Section 4 does not apply in respect of
(a) protective clothing and equipment, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel;
(b) non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical assistance and training; and
(c) members of the Canadian Forces who are in or travel to Burma in the performance of official duties, including providing security to Canadian diplomatic staff, providing humanitarian assistance, or engaging in other activities authorized by the Chief of the Defence Staff.
- SOR/2012-85, s. 6
Application Prior to Publication
Marginal note:Application
20 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.
Coming into Force
Marginal note:Registration
21 These Regulations come into force on the day on which they are registered.
SCHEDULE(Section 2)Persons
PART 1
Entities
- 1Air Bagan (also known among other names as Air Bagan Holdings Pte. Ltd. and Air Bagan Limited)
- 2Bandoola Transportation Co. Ltd.
- 3Berger Paint Manufacturing Co. Ltd.
- 4Dagon Brewery
- 5Granite Tile Factory (Kyaikto)
- 6Hantha Waddy Golf Resort and Myodaw (City) Club Ltd.
- 7Htoo Furniture (also known among other names as Htoo Wood, Htoo Wood Products, Htoo Wood Products Pte. Limited and Htoo Wood-Based Industry)
- 8Htoo Group of Companies (also known among other names as Htoo Trading Company Limited and Htoo Trading Group Company)
- 9Innwa Bank
- 10MEC Disposable Syringe Factory
- 11MEC Marble Mine
- 12MEC Marble Tiles Factory
- 13MEC Burma Cable Wire Factory
- 14MEC Oxygen and Gases Factory
- 15MEC Ship Breaking Service
- 16MEC Steel Mills (Hmaw Bi/Pyi/Ywama)
- 17MICB (also known among other names as Myanma Investment and Commercial Bank and Burma Investment and Commercial Bank)
- 18Myaing Galay (Rhino Brand) Cement Factory
- 19Myanma Economic Bank (also known among other names as Burma Economic Bank)
- 20Myanma Economic Corporation (MEC)
- 21Myanma Foreign Trade Bank (also known among other names as Burma Foreign Trade Bank)
- 22Burma Ar (Power) Construction Services
- 23Burma Brewery Ltd.
- 24Burma Daewoo International
- 25Burma Imperial Jade Co. Ltd.
- 26Burma Nouveau Steel Co. Ltd.
- 27Burma Posco Steel Co. Ltd.
- 28Burma Rubber Wood Co. Ltd.
- 29Burma Ruby Enterprise
- 30Burma Segal International Ltd.
- 31Myawaddy Bank Ltd.
- 32Myawaddy Trading Ltd.
- 33Myawaddy Travel Services
- 34National Development Corp.
- 35Nawaday Hotel and Travel Services
- 36Ngwe Pin Le (Silver Sea) Livestock Breeding and Fishery Co.
- 37Pavo Trading Pte. Ltd.
- 38Rothman of Pall Mall Burma Private Ltd.
- 39Sin Min (King Elephants) Cement Factory (Kyaukse)
- 40Soap Factory (Paung)
- 41The First Automotive Co. Ltd.
- 42Union of Burma Economic Holding Ltd.
- 43Yuzana Company Limited (also known among other names as Yuzana Construction)
- 44Zay Gabar Company (also known among other names as Zaykabar Company)
- 45A & M Mahar Company Limited
- 46Sky One Construction Company Limited
- 47The Yangon Restaurant
- 48The Yangon Gallery
- 49Everfit Company Limited
- 50Seventh Sense Company Limited
- 51Cancri (Gems and Jewellery) Company Limited (also known among other names as Phu Sha Star)
- 52Myanma Gems Enterprise (MGE) (also known among other names as Myanmar Gems Enterprise)
- 53Myanma Timber Enterprise (MTE) (also known among other names as Myanmar Timber Enterprise)
- 54Myanma Pearl Enterprise (MPE) (also known among other names as Myanmar Pearl Enterprise)
- 55Myanmar War Veterans Organization
- 56Ministry of Defence Quartermaster General Office
- 57Myanmar Directorate of Defence Industries
- 58Myanmar Directorate of Procurement (also known among other names as Directorate of Procurement, Directorate of Defence Procurement and Directorate of Procurement of the Commander-in-Chief of Defence Services (Army))
PART 2
Individuals
- 1Than Shwe, born February 2, 1933
- 2Maung Aye, born December 25, 1937
- 3Khin Lay Thet, born June 19, 1947
- 4Aung Thet Mann, born June 19, 1977 (also known among other names as Shwe Mann Ko Ko)
- 5Toe Naing Mann, born June 29, 1978
- 6Zay Zin Latt, born March 24, 1981
- 7Tin Aung Myint Oo, born May 27, 1950
- 8Kyaw Win, born January 3, 1944
- 9Ye Myint, born October 21, 1943
- 10Tin Lin Myint, born January 25, 1947
- 11Aung Htwe, born February 1, 1943
- 12Maung Bo, born February 16, 1945
- 13Tin Naing Thein, born 1955
- 14Saw Tun, born May 8, 1935
- 15Chan Nyein, born 1944 (also known among other names as Chang Nyein)
- 16Zaw Min, born January 10, 1949
- 17Lun Thi, born July 18, 1940
- 18Hla Tun, born July 11, 1951
- 19Nyan Win, born January 22, 1953
- 20Kyaw Myint, born 1940
- 21Maung Oo, born 1952
- 22Saw Lwin, born 1939
- 23Soe Tha, born 1945
- 24Thaung, born July 6, 1937
- 25Thein Zaw, born October 20, 1951
- 26Kyaw Thu, born August 15, 1949
- 27Mya Oo, born January 25, 1940
- 28Myint Swe, born May 24, 1951
- 29Hsan Hsint, born 1951
- 30Than Sein, born February 1, 1946
- 31Tay Za, born July 8, 1964
- 32Thidar Zaw, born February 24, 1964
- 33Pye Phyo Tay Za, born January 29, 1987
- 34Thiha, born June 24, 1960
- 35Khin Shwe, born January 21, 1952
- 36Zay Thiha, born January 1, 1977
- 37Khin Nyunt, born October 11, 1939
- 38Khin Win Shwe, born October 6, 1940
- 39Aung Kyaw Zaw
- 40Maung Maung Soe
- 41Than Oo
- 42Aung Aung
- 43Khin Maung Soe
- 44Thura San Lwin
- 45Thant Zin Oo
- 46Min Aung Hlaing
- 47Soe Win
- 48Sein Win
- 49Soe Htut
- 50Ye Aung
- 51Mya Tun Oo
- 52Tin Aung San
- 53Aung Lin Dwe
- 54Ye Win Oo
- 55Maung Maung Kyaw
- 56Moe Myint Tun
- 57Than Hlaing
- 58Thein Soe
- 59Chit Naing
- 60Mahn Nyein Maung (also known among other names as P’doh (Phado) Man Nyein Maung)
- 61Thein Nyunt
- 62Khin Maung Swe
- 63Aye Nu Sein
- 64Jeng Phang Naw Taung (also known among other names as Jeng Phang Naw Htaung)
- 65Moung Har (also known among other names as Maung Har and Maung Ha)
- 66Sai Lone Hsaing (also known among other names as Sai Lone Saing and Sai Long Hseng)
- 67Saw Daniel
- 68Banya Aung Moe
- 69Aung Pyae Sone
- 70Khin Thiri Thet Mon
- SOR/2012-85, s. 7
- SOR/2018-135, s. 1
- SOR/2021-18, s. 1
- SOR/2021-106, s. 1
- SOR/2021-106, s. 2
- SOR/2021-237, s. 2
- Date modified: