Special Economic Measures (Russia) Regulations (SOR/2014-58)

Marginal note:Arms and related material — import

• 3.13 (1) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase or acquire arms and related material from Russia or from any person in Russia.

• Marginal note:Arms and related material — export

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship arms and related material, wherever situated, to Russia or to any person in Russia.

• Marginal note:Non-application

  (3) Subsection (2) does not apply to

  • (a) non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use, and related technical assistance and training; or

  • (b) members of the Canadian Forces who are in or travel to Russia in the performance of official duties, including providing security to Canadian diplomatic staff, providing humanitarian assistance and engaging in other activities authorized by the Chief of the Defence Staff.

• Marginal note:Arms and related material — services

  (4) It is prohibited for any person in Canada and any Canadian outside Canada to provide any financial, technical or other services related to the sale, supply, transfer, manufacture, maintenance or use of arms and related material to Russia or to any person in Russia.

• Marginal note:Definition of arms and related material

  (5) For the purposes of this section, arms and related material means any type of weapon, ammunition, military equipment — including military vehicles — or paramilitary equipment, and their spare parts.

Marginal note:Related chemicals — chemical weapons and biological weapons

• 3.131 (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good referred to in column 1 of Part 1 of Schedule 10.1, wherever situated, to Russia or to any person in Russia.

• Marginal note:Related goods — chemical weapons and biological weapons

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good referred to in Part 2 or 3 of Schedule 10.1, wherever situated, to Russia or to any person in Russia.

• Marginal note:Non-application

  (3) Subsections (1) and (2) do not apply in respect of

  • (a) goods for use in support of international nuclear safeguards verifications;

  • (b) goods for use in inspections under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed at Paris, France, on January 13, 1993, as amended from time to time;

  • (c) the following goods, if stored on board an aircraft or ship:

    • (i) equipment and spare parts that are necessary for the proper operation of the aircraft or ship, or

    • (ii) usual and reasonable quantities of supplies that are intended for consumption on board the aircraft or ship during the outgoing and return flight or voyage;

  • (d) goods exported for use or consumption on an aircraft or ship that is registered in Canada or the United States; or

  • (e) goods for use in relation to the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, infrastructure or the environment.

Marginal note:Metals

• 3.14 (1) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase or acquire any good referred to in column 1 of Part 1 or 2 of Schedule 11 from Russia or from any person in Russia.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to goods if a contract for the import, purchase or acquisition of the goods is entered into before March 10, 2023.

• Marginal note:Non-application — newly added goods

  (3) Subsection (1) does not apply in respect of goods that meet all of the following conditions:

  • (a) the goods were not referred to in Schedule 11 as it read immediately before the day on which this subsection comes into force;

  • (b) the goods are referred to in Schedule 11 as it reads on the day on which this subsection comes into force;

  • (c) the goods are exported from Russia at least 60 days before the day on which this subsection comes into force.

• Marginal note:Non-application — contracts

  (4) Subsection (1) does not apply in respect of goods that meet all of the following conditions:

  • (a) the goods were not referred to in Schedule 11 as it read immediately before the day on which this subsection comes into force;

  • (b) the goods are referred to in Schedule 11 as it reads on the day on which this subsection comes into force;

  • (c) the goods are imported, purchased or acquired under a contract entered into at least 60 days before the day on which this subsection comes into force;

  • (d) the goods are imported, purchased or acquired within 120 days after the day on which this subsection comes into force.

Marginal note:Diamonds — import from any country

• 3.15 (1) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase or acquire any good referred to in column 1 of Part 1 of Schedule 12, wherever situated, from Russia or from any person in Russia, unless the goods were exported from Russia to a country other than Canada:

  • (a) before March 1, 2024, for goods weighing one carat or more;

  • (b) before September 1, 2024, for goods weighing half a carat or more, but less than one carat.

• Marginal note:Diamonds — import from Russia

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase or acquire any good referred to in column 1 of Part 2 of Schedule 12 from Russia or from any person in Russia.

• Marginal note:Non-application

  (3) Subsections (1) and (2) do not apply to personal effects that are carried by an individual entering Canada and that are solely for the use of the individual or the individual’s immediate family.

Marginal note:Revenue-generating goods

• 3.16 (1) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase or acquire any good referred to in column 1 of Schedule 13, wherever situated, from Russia or from any person in Russia.

• Marginal note:Non-application

  (2) Subsection (1) does not apply in respect of

  • (a) goods exported from Russia at least 60 days before the day on which this section comes into force; or

  • (b) personal effects taken by an individual leaving Russia that are solely for the use of the individual or the individual’s immediate family.

• Marginal note:Non-application — contracts

  (3) Subsection (1) does not apply in respect of goods that meet all of the following conditions:

  • (a) the goods are imported, purchased or acquired under a contract entered into at least 60 days before the day on which this section comes into force;

  • (b) the goods are imported, purchased or acquired within 120 days after the day on which this section comes into force.

Marginal note:Non-application

4 Section 3 does not apply in respect of

• (a) any payment made by or on behalf of a person listed in Schedule 1 that is due under a contract entered into before the person was listed in that Schedule, provided that the payment is not made to or for the benefit of a person listed in that Schedule;

• (b) 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 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 amount paid in respect of disability 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 Vienna Convention on Diplomatic Relations or, if the diplomatic mission has been temporarily or permanently recalled, when the transaction is required in order to maintain the mission premises;

• (c.1) any activity carried out by a diplomatic mission or for its benefit, if the activity is required 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 activity is required in order to maintain the mission premises;

• (c.2) any activity for daily life and of a personal nature carried out by or for the benefit of the Canadian staff of a diplomatic mission, their accompanying immediate family members and any visiting family members;

• (d) any transaction to international organizations with diplomatic status, United Nations agencies, 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 person not listed in Schedule 1 any accounts, funds or investments of a Canadian held by a person listed in that Schedule on the day on which that person was listed in Schedule 1;

• (f) financial services required in order for a person listed in Schedule 1 to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations;

• (g) any dealings with a person listed in Schedule 1 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 person listed in Schedule 1, and for enforcement and realization of security in respect of those loans or payments by guarantors guaranteeing those loans; and

• (h) any dealings with a person listed in Schedule 1 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.

Marginal note:Assisting in prohibited activities

5 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 these Regulations.

Obligations

Marginal note:Duty to determine

6 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 person listed in Schedule 1:

• (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;

• (a.1) the Bank of Canada;

• (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 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; and

• (j) entities authorized under provincial legislation to engage in the business of dealing in securities, or to provide portfolio management or investment counselling services.