Special Economic Measures (Zimbabwe) Regulations
SOR/2008-248
Registration 2008-09-04
Special Economic Measures (Zimbabwe) Regulations
P.C. 2008-1588 2008-09-04
Whereas the Governor in Council is of the opinion that the situation in Zimbabwe 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 (Zimbabwe) 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 weapons, ammunition, military vehicle or military or paramilitary equipment and their spare parts. (armes et matériel connexe)
- designated person
designated person means a person whose name is listed in the schedule in accordance with section 2. (personne désignée)
- Minister
Minister means the Minister of Foreign Affairs. (ministre)
- technical assistance
technical assistance means any form of assistance and includes instruction, training, consulting services, technical advice and the transferring or communicating of know-how or technical data. (aide technique)
- Zimbabwe
Zimbabwe includes
(a) any political subdivision of Zimbabwe;
(b) the government, and any department, of Zimbabwe or of a political subdivision of Zimbabwe; and
(c) any agency of Zimbabwe or of a political subdivision of Zimbabwe. (Zimbabwe)
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 Zimbabwe, the Zimbabwe African National Union — Patriotic Front or a successor to either of the foregoing;
(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);
(d) an entity owned or controlled by, or acting on behalf of the Government of Zimbabwe, the Zimbabwe African Nation Union — Patriotic Front or a successor to either of the foregoing;
(e) a person engaged in activities that seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe; or
(f) a senior official of an entity referred to paragraph (e).
Prohibitions
Marginal note:Export
3 Subject to section 13, no person in Canada and no Canadian outside Canada shall export, sell, supply or ship arms and related material, wherever situated, to Zimbabwe or to any person in Zimbabwe.
Marginal note:Carriage of arms and related material
4 Subject to section 13, no owner or master of a Canadian vessel, within the meaning of section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall carry, cause to be carried or permit to be carried, arms and related materials, wherever situated, destined for Zimbabwe or any person in Zimbabwe.
Marginal note:Services
5 Subject to section 13, no person in Canada and no Canadian outside Canada shall provide any person in Zimbabwe with technical or financial assistance, technical or financial services or brokerage or other services related to the supply, sale, transfer, manufacture or use of arms and related materials.
Marginal note:Assets freeze
6 No person in Canada and no Canadian outside Canada shall
(a) deal, directly or indirectly, in any property of a designated person, including funds derived or generated from property that is owned or controlled, directly or indirectly, by that person;
(b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in paragraph (a);
(c) provide any financial or other related service in respect of the property referred to in paragraph (a); or
(d) make any property or any financial or other related service available, directly or indirectly, to or for the benefit of a designated person.
Marginal note:Landing in Canada
7 No person shall land in Canada, or fly over Canada, an aircraft that is registered in Zimbabwe, except if landing in Canada is necessary to safeguard human life.
Marginal note:Assisting in a prohibited activity
8 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 to 7.
Duty to Determine
Marginal note:Determination
9 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; and
(i) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.
Disclosure
Marginal note:Report
10 (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:Application
11 (1) A designated person may apply in writing to the Minister to request to have their name removed from the schedule.
Marginal note:Decision
(2) On receipt of a written 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 60 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 made or deemed to have been made.
Marginal note:New application
(5) If there has been a material change in circumstances since the last application was submitted, a person may make another application under subsection (1).
Application for a Certificate
Marginal note:Mistaken identity
12 (1) A person claiming not to be a designated person may apply to the Minister in writing 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.
Exceptions
Marginal note:Exceptions
13 (1) Sections 3 to 5 do not apply with respect to
(a) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training;
(b) supplies of protective clothing and equipment, including flak jackets and military helmets, for the personal use of United Nations or African Union personnel, representatives of the media and humanitarian and development workers and associated personnel;
(c) firearms and related ammunition and accessories in respect of which a temporary export permit has been granted under the Export and Import Permit Act prior to the coming into force of this paragraph; and
(d) a member of the Canadian Forces who is in or travels to Zimbabwe in the performance of official duties, including providing security to Canadian embassy staff, providing humanitarian assistance, or engaging in other activities authorized by the Chief of the Defence Staff.
Marginal note:Financial support
(2) Section 6 does not apply with respect to financial or other support provided by the Government of Canada in connection with internationally or regionally mandated or sanctioned negotiations for a political settlement in Zimbabwe.
Application Prior to Publication
Marginal note:Application
14 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
15 These Regulations come into force on the day on which they are registered.
SCHEDULE(Sections 1 and 2 and subsections 11(1) and (3) and 12(1))
- 1Robert Gabriel Mugabe (date of birth: February 21, 1924)
- 2Joseph Msika (date of birth: December 6, 1923)
- 3Joyce Mujuru (date of birth: April 15, 1955)
- 4Flora Buka (date of birth: February 25, 1968)
- 5Aeneas Soko Chigwedere (date of birth: November 25, 1939)
- 6Chenhamo Chakezha Chimutengwende (date of birth: August 28, 1943)
- 7Patrick Anthony Chinamasa (date of birth: January 25, 1947)
- 8Edward Chindori-Chininga (date of birth: March 14, 1955)
- 9Tongesai Shadreck Chipanga (date of birth: October 10, 1946)
- 10Ignatius Morgan Chiminya Chombo (date of birth: August 1, 1952)
- 11Nicholas Goche (date of birth: August 1, 1946)
- 12Rugare Aleck Ngidi Gumbo (date of birth: March 8, 1940)
- 13Tichaona Joseph Benjamin Jokonya (date of birth: December 27, 1938)
- 14Christopher Tichaona Kuruneri (date of birth: April 4, 1949)
- 15Joseph Mtakwese Made (date of birth: November 21, 1954)
- 16Elliot Tapfumanei Manyika (date of birth: July 30, 1955)
- 17Amos Bernard Muvenga Midzi (date of birth: July 4, 1952)
- 18Emmerson Dambudzo Mnangagwa (date of birth: September 15, 1946)
- 19Kembo Campbell Dugishi Mohadi (date of birth: November 15, 1949)
- 20Jonathan Nathaniel Moyo (date of birth: January 12, 1957)
- 21July Gabarari Moyo (date of birth: May 7, 1950)
- 22Obert Moses Mpofu (date of birth: October 12, 1951)
- 23Olivia Nyembezi Muchena (date of birth: August 18, 1946)
- 24Oppah Chamu Zvipange Muchinguri (date of birth: December 14, 1958)
- 25Stan Isaak Gorerazvo Mudenge (date of birth: December 17, 1941)
- 26Samuel Creighton Mumbengegwi (date of birth: October 23, 1942)
- 27Simbarashe Simbanenduku Mumbengegwi (date of birth: July 20, 1945)
- 28Herbert Muchemwa Murerwa (date of birth: July 31, 1941)
- 29Christopher Chindoti Mushohwe (date of birth: February 6, 1954)
- 30Didymus Noel Edwin Mutasa (date of birth: July 27, 1935)
- 31Munacho Thomas Alvar Mutezo (date of birth: February 14, 1954)
- 32Ambrose Mutinhiri (date of birth: February 22, 1944)
- 33Sikhanyiso Duke Ndlovu (date of birth: May 4, 1937)
- 34Sylvester Robert Nguni (date of birth: August 4, 1955)
- 35Francis Dunstan Chenayimoyo Nhema (date of birth: April 17, 1959)
- 36Michael Reuben Nyambuya (date of birth: July 23, 1955)
- 37Sithembiso Gile Gladys Nyoni (date of birth: September 20, 1949)
- 38David Pagwese Parirenyatwa (date of birth: August 2, 1950)
- 39Sydney Tigere Sekeramayi (date of birth: March 30, 1944)
- 40Webster Kotiwani Shamu (date of birth: June 6, 1945)
- 41Samuel Udenge
- 42David Chapfika (date of birth: April 7, 1957)
- 43George Charamba (date of birth: April 4, 1963)
- 44Phineas Chihota (date of birth: November 23, 1950)
- 45Abigail Damasane (date of birth: May 27, 1952)
- 46Lazarus Dokora
- 47Aguy Georgias
- 48Saviour Kasukuwere (date of birth: October 23, 1970)
- 49Andrew Langa (date of birth: January 13, 1965)
- 50Jaison Max Kokerai Machaya (date of birth: June 13, 1952)
- 51Shuvai Ben Mahofa (date of birth: April 4, 1941)
- 52Titus Hatlani Maluleke
- 53Reuben Marumahoko (date of birth: April 4, 1948)
- 54Joel Biggie Matiza (date of birth: August 17, 1960)
- 55Bright Matonga (date of birth: circa 1969)
- 56Obert Matshalaga (date of birth: April 21, 1951)
- 57Melusi Mike Matshiya
- 58Partson Mbiriri
- 59Tobaiwa Tonneth Mudede (date of birth: December 22, 1942)
- 60Edwin Muguti (date of birth: May 2, 1964)
- 61Tracey Mutinhiri
- 62Kenneth Kaparadza Mutiwekuziva (date of birth: May 27, 1948)
- 63Walter Mzembi
- 64Abedinico Ncube (date of birth: October 13, 1954)
- 65Hubert Magadzire Nyanhongo
- 66Tinos Rusere (date of birth: May 10, 1945)
- 67Morris Sakabuya
- 68Isaiah Masvayamwando Shumba (date of birth: January 3, 1949)
- 69Mishek Sibanda
- 70Timothy Stamps (date of birth: October 15, 1936)
- 71Patrick Zhuwao (date of birth: May 23, 1967)
- 72Cold Comfort Farm Trust Co-Operative
- 73Jongwe Printing and Publishing Company
- 74ZIDCO Holdings
- 75Zimbabwe Defence Industries Pvt Ltd.
- 76Michael Chakanaka Bimha
- 77Joseph Chinotimba
- 78Miriai Chiremba
- 79Pirirayi Deketeke
- 80Tshinga Judge Dube (date of birth: July 3, 1941)
- 81Gideon Gono (date of birth: November 29, 1959)
- 82Munyaradzi Kereke
- 83Tafataona P. Mahoso
- 84Kenneth Vhundukai Manyonda (date of birth: August 10, 1934)
- 85Justin Mutasa
- 86Herbert Nkala
- 87Brig. Gen. Douglas Nyikayaramba
- 88Jabulani Sibanda (date of birth: December 31, 1970)
- 89Fred Zindi
- 90Fortune Zefanaya Charumbira (date of birth: June 10, 1962)
- 91Alice Chimbudzi
- 92Victoria Chitepo (date of birth: March 27, 1928)
- 93Dumiso Dabengwa (date of birth: December 6, 1939)
- 94Sobuza Gula-Ndebele (date of birth: August 12, 1954)
- 95Richard Hove (date of birth: September 23, 1939)
- 96Munyaradzi Huni
- 97Kumbirai Kangai (date of birth: February 17, 1938)
- 98Thenjiwe Lesabe (date of birth: January 5, 1933)
- 99Edna Madzongwe (date of birth: July 11, 1943)
- 100Joshua Malinga (date of birth: April 28, 1944)
- 101Fidelian Maphosa
- 102Dzikamai Mavhaire
- 103Gilbert Moyo
- 104Headman Moyo
- 105Musa Moyo
- 106Simon Khaya Moyo (date of birth: October 1, 1945)
- 107Leo Mugabe (date of birth: August 28, 1962)
- 108Sabina Mugabe (date of birth: October 14, 1934)
- 109Solomon Tapfumaneyi Ruzambo Mujuru (date of birth: May 1, 1949)
- 110Tsitsi Muzenda
- 111Naison Ndlovu (date of birth: October 22, 1930)
- 112Richard Ndlovu (date of birth: June 26, 1942)
- 113John Landa Nkomo (date of birth: August 22, 1934)
- 114George Nyathi
- 115Bharat Patel
- 116Khantibhal Patel (date of birth: October 28, 1928)
- 117Selina M. Pote
- 118Stanley Sakupwanya (date of birth: circa 1945)
- 119Eunice Sandi
- 120Tendai Savanhu (date of birth: March 21, 1968)
- 121Nathan Marwirakuwa Shamuyarira (date of birth: September 29, 1928)
- 122Absolom Sikhosana
- 123Solomon Chirume Tawengwa (date of birth: June 15, 1940)
- 124Jabulani Tshawe
- 125Charles Utete (date of birth: October 30, 1938)
- 126Vitalis Zvinavashe (date of birth: September 27, 1943)
- 127Abu Basutu
- 128Happyton Bonyongwe (date of birth: November 6, 1960)
- 129Wayne Bvudzijena
- 130Augustine Chihuri (date of birth: March 10, 1953)
- 131Constantine Chiwenga (date of birth: August 25, 1956)
- 132Thomsen Jangara
- 133Musarahana Mabunda
- 134Barbara Mandizha (date of birth: October 24, 1959)
- 135Godwin Matanga (date of birth: February 5, 1962)
- 136Innocent Matibiri (date of birth: October 9, 1968)
- 137Bothwell Mugariri
- 138Munyaradzi Musariri
- 139Elisha Muzonzini (date of birth: June 24, 1957)
- 140Perence Shiri (date of birth: November 1, 1955)
- 141Levy Sibanda
- 142Phillip Valentine Sibanda (date of birth: August 25, 1956)
- 143Innocent Tonderai Matibiri
- 144Edmore Veterai
- 145Paradzai Zimondi (date of birth: March 4, 1947)
- 146George Chiweshe (date of birth: June 4, 1953)
- 147Joyce Kazembe
- 148Lovemore Sekeramayi
- 149Abina Chapfika (date of birth: August 23, 1961)
- 150Monica Chinamasa (date of birth: 1950)
- 151Gamuchirai Chinamasa (date of birth: November 11, 1991)
- 152Jocelyn Chiwenga
- 153Ever Chombo (date of birth: September 20, 1956)
- 154Marian Chombo (date of birth: August 11, 1960)
- 155Hellin Mushanyuri Gono (date of birth: May 6, 1962)
- 156Natasha Muchinguri (date of birth: 1994)
- 157Tanya Muchinguri (date of birth: 1989)
- 158Grace Mugabe (date of birth: July 23, 1965)
- 159Rose Jaele Ndlovu (date of birth: September 27, 1939)
- 160Georgina Ngwenya Nkomo (date of birth: August 4, 1966)
- 161Louise S. Nkomo/aka Louise Sehulle Nhema (date of birth: August 25, 1964)
- 162Peter Baka Nyoni (date of birth: January 10, 1950)
- 163Tsitsi Chihrui Sekeramayi (date of birth: 1944)
- 164Tinaye Elisha Chigudu (date of birth: August 13, 1942)
- 165Willard Chiwewe (date of birth: March 19, 1949)
- 166Josaya Dunira Hungwe (date of birth: November 7, 1935)
- 167Ray Joseph Kaukonde (date of birth: March 4, 1963)
- 168David John Mafa
- 169Sekesai Makwavarara
- 170Ephraim Sango Masawi
- 171Angeline Masuku (date of birth: October 14, 1936)
- 172Cain Ginyilitshe Ndabazekhaya Mathema (date of birth: January 28, 1948)
- 173Thokozile Mathuthu
- 174Rido Mpofu
- 175Cephas George Msipa (date of birth: July 7, 1931)
- 176Nelson Tapera Crispin Samkange
- 177Cesar Zvayi
- 178Rudo Grace Charamba (date of birth: June 20, 1964)
- 179Ijeoma Dabengwa (date of birth: October 27, 1971)
- 180Ruth Chipo Murerwa (date of birth: July 27, 1947)
- 181Beauty Lily Zhuwao (date of birth: January 10, 1965)
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