Definitions

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Belarus

Belarus means the Republic of Belarus and includes

• (a) any of its political subdivisions;

• (b) its government and any of its departments or any government or department of its political subdivisions; and

• (c) any of its agencies or any agency of its political subdivisions. (Bélarus)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

technology

technology means any form of technical data or technical assistance, such as providing instruction, training, consulting or technical advice services or transferring know-how or technical data. (technologie)

List

Marginal note:Listed person

2 A person whose name is listed in Schedule 1 is a person who is in Belarus, or is a national of Belarus who does not ordinarily reside in Canada, and 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 participated in gross and systematic human rights violations in Belarus;

• (a.1) a person engaged in activities that directly or indirectly facilitate, support, provide funding for or contribute to a violation or attempted violation of the sovereignty or territorial integrity of Ukraine or that obstruct the work of international organizations in Ukraine;

• (b) a current or former senior official of the Government of Belarus;

• (c) an associate of a person referred to in any of paragraphs (a) to (b);

• (d) a family member of a person referred to in any of paragraphs (a) to (c) or (g);

• (e) an entity owned, held or controlled, directly or indirectly, by a person referred to in any of paragraphs (a) to (d) or acting on behalf of or at the direction of such a person;

• (f) an entity owned, held or controlled, directly or indirectly, by Belarus or acting on behalf of or at the direction of Belarus; or

• (g) a senior official of an entity referred to in paragraph (e) or (f).

Prohibitions

Marginal note:Prohibited dealings and activities

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

• (a) deal in any property, wherever situated, that is owned, held or controlled by a listed person or by a person acting on behalf of 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 to a person acting on behalf of a listed person; or

• (e) make available any property or provide any financial or related services to or for the benefit of a listed person.

Marginal note:Transferable securities and money market instruments

3.1 It is prohibited for any person in Canada or any Canadian outside Canada to, directly or indirectly, deal in transferable securities and money market instruments, including treasury bills, certificates of deposit and commercial papers but not including instruments of payment, issued by

• (a) Belarus;

• (b) Belarusbank, Belagroprombank or any other entity controlled by Belarus; or

• (c) a person acting on behalf of or at the direction of an entity referred to in paragraph (a) or (b).

Marginal note:Debt financing — 90 days

3.2 It is prohibited for any person in Canada or any Canadian outside Canada to, directly or indirectly, transact in, provide financing for or otherwise deal in debt of longer than 90 days’ maturity, including bonds, loans, debentures, extensions of credit, loan guarantees, letters of credit, bank drafts, bankers’ acceptances, discount notes, treasury bills, commercial paper and other similar instruments in relation to

• (a) Belarus;

• (b) Belarusbank, Belagroprombank or any other entity controlled by Belarus; or

• (c) a person acting on behalf of or at the direction of an entity referred to in paragraph (a) or (b).

Marginal note:Insurance and reinsurance

• 3.3 (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

  • (a) Belarus or an entity controlled by Belarus; or

  • (b) a person acting on behalf of or at the direction of an entity referred to in paragraph (a).

• Marginal note:Insurance — aviation and aerospace

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to provide insurance or reinsurance to or for the benefit of any person in Belarus in relation to any good described in Chapter 88 of the Harmonized Commodity Description and Coding System, published by the World Customs Organization, or in relation to technology for a good described in that chapter.

• Marginal note:Existing insurance

  (3) Subsection (2) 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:Petroleum products

3.4 It is prohibited for any person in Canada or any Canadian outside Canada

• (a) to import, purchase, acquire, ship or otherwise deal in any good referred to in Part 1 of Schedule 2, wherever situated, that is exported from Belarus;

• (b) to provide to Belarus or to any person in Belarus any financial, technical or other services related to any good referred to in paragraph (a); or

• (c) to provide to Belarus or to any person in Belarus any insurance or reinsurance related to any good referred to in paragraph (a).

Marginal note:Potassium chloride

3.5 It is prohibited for any person in Canada or any Canadian outside Canada to import, purchase, acquire, ship or otherwise deal in any good referred to in Part 2 of Schedule 2, wherever situated, that is exported from Belarus.

Marginal note:Restricted goods

• 3.6 (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good, wherever situated, to Belarus or to any person in Belarus if the good is described in the Restricted Goods and Technologies List.

• Marginal note:Restricted technologies

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to provide to Belarus or to any person in Belarus any technology that is described in the Restricted Goods and Technologies List.

• Marginal note:Non-application — goods

  (3) Subsection (1) does not apply to

  • (a) goods temporarily exported for use by a representative of the media from Canada or from a partner country referred to in Schedule 3;

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

  • (c) goods for use by a department or agency of the Government of Canada or of a partner country referred to in Schedule 3;

  • (d) 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;

  • (e) goods for use in relation to the activities of the International Space Station;

  • (f) software updates for end-users that are civilian entities that are owned, held or controlled by a Canadian or a national of a partner country referred to in Schedule 3, or subsidiaries of those entities;

  • (g) civil aircraft registered in a foreign state that are departing from Canada after a temporary sojourn in Canada or civil aircraft registered in Canada departing for a temporary sojourn abroad;

  • (h) 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 intended for consumption on board the aircraft or ship during the outgoing and return flight or voyage;

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

  • (j) goods exported by an air carrier that is owned by a Canadian or a national of the United States for use in the maintenance, repair or operation of an aircraft registered in Canada or the United States;

  • (k) consumer communication devices that are generally available to the public and designed to be installed by the user without further substantial support; and

  • (l) personal effects exported by an individual that are solely for the use of the individual or the individual’s immediate family and are not intended for sale or to remain in Belarus unless consumed there.

• Marginal note:Non-application — technologies

  (4) Subsection (2) does not apply to technology provided in relation to a good if the export, sale, supply or shipment of that good is authorized by subsection (3).

• Marginal note:Definitions

  (5) The following definitions apply in this section.

  consumer communication device

  consumer communication device means any of the following items:

  • (a) computers;

  • (b) disk drives, solid-state storage equipment and other memory devices;

  • (c) input/output control units, other than industrial controllers designed for chemical processing;

  • (d) graphics accelerators and graphics coprocessors;

  • (e) monitors;

  • (f) printers;

  • (g) modems, network access controllers and communications channel controllers;

  • (h) keyboards, mice and similar devices;

  • (i) mobile phones, including cellular and satellite telephones, personal digital assistants, subscriber identity module (SIM) cards and similar devices;

  • (j) information security equipment and peripherals;

  • (k) digital cameras and memory cards;

  • (l) television and radio receivers;

  • (m) recording devices;

  • (n) batteries, chargers, carrying cases and accessories for a good referred to in paragraphs (a) to (m); and

  • (o) software, other than encryption source code, for use with a good referred to in paragraphs (a) to (n). (dispositif de communication)

  Restricted Goods and Technologies List

  Restricted Goods and Technologies List means the Restricted Goods and Technologies List, prepared by the Department of Foreign Affairs, Trade and Development and published on the Department’s website, as amended from time to time. (Liste des marchandises et technologies réglementées)

Marginal note:Non-application

4 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 transactions necessary for a Canadian to transfer to a non-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 an 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 required in order for a listed person to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations;

• (g) 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;

• (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 Belarus.

Marginal note:Assisting in prohibited activity

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 sections 3 to 3.6.

Marginal note:Duty to determine

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

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

Marginal note:Duty to disclose — RCMP or CSIS

• 7 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 6 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, held or controlled by or on behalf of 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:Application — no longer be listed person

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

• Marginal note:Reasonable grounds

  (2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from Schedule 1.

Marginal note:New application

9 If there has been a material change in circumstances since the last application was submitted, a person may submit another application under section 8.

Marginal note:Mistaken identity

• 10 (1) A person whose name is the same as or similar to the name of a listed person and who claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that listed person.

• Marginal note:Determination by Minister

  (2) Within 30 days after the day on which the Minister receives the application, the Minister must,

  • (a) if it is established that the applicant is not the listed person, issue the certificate; or

  • (b) if it is not so established, provide notice to the applicant of his or her determination.

Application Before Publication

11 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

12 These Regulations come into force on the day on which they are registered.