Special Economic Measures (Myanmar) Regulations (SOR/2007-285)

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Burma[Repealed, SOR/2025-82, s. 2]

controlling interest

controlling interest[Repealed, SOR/2012-85, s. 1]

designated person

designated person[Repealed, SOR/2025-82, s. 2]

Minister

Minister means the Minister of Foreign Affairs. (ministre)

Myanmar

Myanmar 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. (Myanmar)

pension

pension[Repealed, SOR/2022-8, s. 1]

List

Marginal note:Listed 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 person who has engaged in activities that directly or indirectly undermine the peace, security or stability of Myanmar;

• (b) person who has engaged in activities that directly or indirectly contribute to or support gross and systematic human rights violations in Myanmar;

• (c) a person who has engaged in activities that directly or indirectly contribute to acts of significant corruption in Myanmar;

• (d) a current or former senior official of Myanmar;

• (e) an associate of a person referred to in any of paragraphs (a) to (d) and (i);

• (f) a family member of a person referred to in any of paragraphs (a) to (e) and (i);

• (g) an entity owned — or held or controlled, directly or indirectly — by a person referred to in any of paragraphs (a) to (f);

• (h) an entity owned — or held or controlled, directly or indirectly — by Myanmar; or

• (i) a current or former senior official of an entity referred to in any of paragraphs (a) to (c), (g) and (h).

Prohibitions

Marginal note:Prohibited dealings and activities

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

• (a) deal in any property, wherever situated, that is owned — or that is held or controlled directly or indirectly — by a listed person;

• (b) enter into or facilitate any transaction related to a dealing referred to in paragraph (a);

• (c) provide any financial or related services in respect of a dealing referred to in paragraph (a);

• (d) make available any goods, wherever situated, to a listed person or a person acting on behalf of a listed person;

• (e) transfer or provide any property other than goods to a listed person or to a person outside Canada who is not Canadian for the benefit of a listed person; or

• (f) provide any financial or related services to or for the benefit of a listed person.

Marginal note:Non-application — section 3

3.1 Section 3 does not apply in respect of

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

• (b) any transaction necessary for a Canadian to transfer to a person other than a listed person any accounts, funds or investments of a Canadian held by a listed person on the day on which that person became a listed person;

• (c) any dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with any person other than a listed person, and for enforcement and realization of security in respect of those loans or payments by guarantors guaranteeing those loans;

• (d) any dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with that listed person before they became a listed person, and for enforcement and realization of security in respect of those loans or payments by guarantors guaranteeing those loans;

• (e) any benefit paid under the Old Age Security Act, the Canada Pension Plan or the Act respecting the Québec 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 to any person in Canada or any Canadian outside Canada;

• (f) financial services necessary for a listed person to obtain legal services in Canada regarding the application to them of these Regulations or any order made under the Special Economic Measures Act;

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

• (h) any transaction with any international organization with diplomatic status, with any United Nations agency, with the International Red Cross and Red Crescent Movement or with any entity that has entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development; and

• (i) a transaction by the Government of Canada that is provided for in any agreement or arrangement between Canada and Myanmar.

Marginal note:Restricted or prohibited activities

4 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 or aviation fuel, wherever situated, destined for Myanmar or any person in Myanmar;

• (b) import, purchase, acquire, ship, transport or otherwise deal in arms and related material, wherever situated, that are exported from Myanmar 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 Myanmar or any person in Myanmar; 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 Myanmar or any person in Myanmar.

Marginal note:Insurance — ships

• 5 (1) It is prohibited for any person in Canada and any Canadian outside Canada to provide insurance or reinsurance to or for the benefit of or on the direction of Myanmar or any person in Myanmar in relation to ships transporting aviation fuel to Myanmar.

• Marginal note:Existing insurance

  (2) Subsection (1) does not apply in respect of existing insurance or reinsurance until 30 days after the day on which this section comes into force.

Marginal note:Non-application — section 4 and subsection 5(1)

6 Section 4 and subsection 5(1) do 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 Myanmar 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.

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 and 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, 4 and 5.

Duty to Determine

Marginal note:Determination

14 The following entities must determine on a continuing basis whether they are in possession or control of property that is owned — or that is held or controlled, directly or indirectly — by a listed person:

• (a) banks regulated by the Bank Act and, in respect of their business in Canada, authorized foreign banks as defined in section 2 of that Act;

• (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 regulated by a provincial Act that are engaged in the business of insuring risks;

• (f) companies regulated by the Trust and Loan Companies Act;

• (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 business described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the business involves the opening of an account for a client.

Disclosure

Marginal note:Duty to disclose

• 15 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 14 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service

  • (a) the existence of property in their possession or control that they have reason to believe is owned — or held or controlled, directly or indirectly — by a listed person; and

  • (b) any 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).

Applications

Marginal note:Removal from list

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

• Marginal note:Reasonable grounds

  (2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend the removal to the Governor in Council.

• (3) [Repealed, SOR/2022-8, s. 4]

• (4) [Repealed, SOR/2022-8, s. 4]

• Marginal note:New application

  (5) If there has been a material change in circumstances since the last application was submitted, a listed person may submit another application under subsection (1).