Special Economic Measures (Guatemala) Regulations (SOR/2024-23)

Definitions

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Guatemala

Guatemala means the Republic of Guatemala and includes

• (a) any of its political subdivisions;

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

• (c) any of its agencies and any agency of its political subdivisions. (Guatemala)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

List

Marginal note:Listed person

2 A person whose name is listed in the schedule is a person who is in Guatemala, or is or was a national of Guatemala 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 Guatemala;

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

• (c) an associate of a person referred to in paragraph (a) or (b);

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

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

• (f) an entity owned — or held or controlled, directly or indirectly — by Guatemala; 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 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 to a person acting on behalf of a listed person;

• (e) transfer or provide any property other than goods to a listed person; or

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

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 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 Guatemala.

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 section 3.

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 — 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 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

• 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 — 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

• 8 (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.

Marginal note:New application

9 If there has been a material change in circumstances since the last application was submitted, a listed 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 the determination.

Application Before Publication

Marginal note:Application

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

Marginal note:Registration

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