Special Economic Measures (Iran) Regulations
P.C. 2010-952 2010-07-22
Whereas the Governor in Council is of the opinion that the situation in Iran 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 (Iran) Regulations.
Return to footnote aS.C. 1992, c. 17
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 matières connexes)
- Canadian financial institution
Canadian financial institution has the same meaning as in section 2 of the Bank Act. (institution financière canadienne)
- designated person
designated person means a person who is in Iran, or is a national of Iran who does not ordinarily reside in Canada, and whose name is listed in Schedule 1. (personne désignée)
Guide has the same meaning as in section 1 of the Export Control List. (Guide)
Iran means the Islamic Republic of Iran and includes its political subdivisions. (Iran)
- Iranian financial institution
Iranian financial institution means a body corporate, trust, partnership, fund, unincorporated association or organization, established under the laws of Iran, that engages, directly or indirectly, in the business of providing financial services. (institution financière iranienne)
Minister means the Minister of Foreign Affairs. (ministre)
pension means a benefit paid under the Old Age Security Act, the Canada Pension Plan or an Act respecting the Quebec Pension Plan, R.S.Q. 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. (pension)
- significant interest
significant interest means, in respect of a Canadian or Iranian financial institution, the beneficial ownership by a person, and any entity controlled by the person, of more than 10 % of a class of outstanding shares of the institution. (intérêt substantiel)
2 A person whose name is listed in Schedule 1 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 engaged in activities that contribute, or could contribute, to Iran’s proliferation-sensitive nuclear activities, or to Iran’s activities related to the development of chemical, biological or nuclear weapons of mass destruction or delivery systems for such weapons;
(b) a former or current senior official in the Islamic Revolutionary Guard Corps;
(c) an associate or family member of a person set out in paragraph (a) or (b);
(d) an entity owned or controlled by, or acting on behalf of, a person set out in paragraphs (a) or (b); or
(e) a senior official of an entity set out in paragraph (d).
3 Subject to section 13, it is prohibited for any person in Canada and any Canadian outside Canada to
(a) deal in any property, wherever situated, held by or on behalf of a designated person;
(b) enter into or facilitate, directly or indirectly, any transaction related to a dealing referred to in paragraph (a);
(c) provide any financial or other related service, including insurance or reinsurance, in respect of a dealing referred to in paragraph (a);
(d) make any goods, wherever situated, available to a designated person; or
(e) provide any financial or financial-related service to or for the benefit of a designated person.
4 (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any of the following goods, wherever situated, to Iran or any person in Iran or to deal with any of the following goods destined for Iran or any person in Iran:
(a) any arms and related material the sale, supply or transfer of which is not prohibited by the Regulations Implementing the United Nations Resolutions on Iran;
(b) any goods used in the refining of oil or the liquefaction of natural gas;
(c) any of the goods listed in Schedule 2; or
(d) any item listed in the Guide, with the exception of
(i) items 5001, 5011, 5101, 5102, 5103, 5201 and 5202, and
(ii) item 5400, unless the export, sale, supply or shipment of the good is otherwise prohibited by these Regulations.
(2) It is prohibited for any person in Canada and any Canadian outside Canada to provide or acquire any financial or other services to, from or for the benefit of, or on the direction or order of, any person in Iran in respect of any of the goods listed in subsection (1).
(3) It is prohibited for any person in Canada and any Canadian outside Canada to transfer, provide or communicate to Iran or any person in Iran
(a) any technical data required for the processing, storing or handling of liquid natural gas; or
(b) any technical data related to any of the goods listed in subsection (1).
5 It is prohibited for any person in Canada and any Canadian outside Canada to
(a) provide or acquire financial services or any other services to, from or for the benefit of, or on the direction or order of, any person in Iran for the purpose of
(i) establishing an Iranian financial institution in Canada or a Canadian financial institution in Iran,
(ii) establishing a branch, subsidiary or representative office of an Iranian financial institution in Canada or of a Canadian financial institution in Iran, or
(iii) acquiring a significant interest in an Iranian or Canadian financial institution;
(b) if they are an entity referred to in paragraphs 9(a), (b), (f) or (g), provide or acquire correspondent banking services to, from or for the benefit of, or on the direction or order of, an Iranian financial institution; or
(c) purchase any debt obligation issued by the government of Iran.
6 (1) It is prohibited for any person in Canada and any Canadian outside Canada to make an investment in an entity in Iran that is owned or controlled by another entity in Iran and is engaged in the oil or natural gas industry.
(2) It is prohibited for any person in Canada and any Canadian outside Canada to provide or acquire financial or other services to, from or for the benefit of or on the direction or order of a person in Iran for the purpose of investing in the oil or natural gas industry in Iran.
7 It is prohibited for any person in Canada and any Canadian outside Canada to knowingly provide a vessel that is owned or controlled by, or operating on behalf of, the Islamic Republic of Iran Shipping Lines with insurance services, or stevedoring, bunkering and lighterage and similar services, for the vessel’s operation or maintenance.
8 It is prohibited for any person in Canada and any Canadian outside Canada to do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited by sections 3 to 7.
Duty to Determine
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;
(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.
10 (1) Every person in Canada and every Canadian outside Canada must 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).
(2) No person contravenes subsection (1) by disclosing in good faith under that subsection.
Application to No Longer Be a Designated Person
11 (1) A designated person may apply to the Minister in writing to have their name removed from Schedule 1.
(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 the schedule.
(3) The Minister must make a decision on the application within 90 days after the day on which the application is received.
(4) The Minister must give notice without delay to the applicant of the decision taken.
(5) If there has been a material change in circumstances since the last petition was submitted, a person may submit another application under subsection (1).
Application for a Certificate
12 (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated under section 2.
(2) If it is established that the person is not a designated person, the Minister must issue a certificate to the applicant within 30 days after the day on which the application is received.
13 Section 3 does not apply in respect of
(a) any dealing with the Islamic Republic of Iran Shipping Lines (IRISL) or an entity owned or controlled by it, or operating on its behalf, that has as its purpose the shipment of agricultural commodities from Canada to Iran, provided that the commodities are shipped in bulk carriers that carry only agricultural commodities;
(b) loan repayments to any person in Canada, or any Canadian abroad, in respect of loans entered into before the coming into force of these Regulations, enforcement of security in respect of those loans, or payments by guarantors guaranteeing those loans;
(c) pension payments to any person in Canada or any Canadian abroad;
(d) any transaction in respect of the accounts at a Canadian financial institution that are used for the regular business of the Embassy of Iran or its consular missions in Canada;
(e) any transaction in respect of the accounts at an Iranian financial institution that are used for the regular business of the Embassy of Canada or its consular missions in Iran;
(f) 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 and International Trade and the Canadian International Development Agency, for the purpose of pursuing humanitarian relief work in Iran; and
(g) any transactions necessary for a Canadian to transfer any existing accounts, funds or investments of a Canadian held with a designated person to a non-designated person.
14 The prohibitions in sections 4 to 8 do not apply with respect to an activity that has as its purpose the safeguarding of human life, disaster relief or the providing of food or medicine.
Application Before Publication
Coming into Force
16 These Regulations come into force on the day on which they are registered.
|Item||Column 1||Column 2|
|1||Aerodynamic particle size measuring equipment||Any equipment designed to measure in real time the aerodynamic particle size of aerosols in the range of 0.1 to 50 micrometers.|
|2||Aerosol generators||Any equipment capable of producing aerosols of radioactive, chemical or biological materials with aerodynamic particle sizes in the range of 0.1 to 50 micrometres.|
|3||Aluminum or stainless steel alloy valves, piping, tubing and fittings||Bellows-sealed valves made of aluminium alloy or stainless steel type 304 or 316 L, that are not specified in the Export Control List.|
|4||Aluminium alloy and its products: piping, tubing, fittings, flanges, forging, castings and other unfinished products in any form, and any waste or scrap|
Aluminium and its alloys that are not specified in the Export Control List and that
|5||Argon ion lasers||Argon ion lasers that are not specified in the Export Control List and have an average output power equal to or greater than 5 W.|
|6||Autoclaves (double-ended)||Double-ended or pass-through autoclaves with internal volume greater than 1 m3, bioseal, interlocking doors, and/or warning lights or audible alarms.|
|7||Automated take-off or landing systems||Systems that are usable in the systems specified in entry 6-1.A.2 of the Guide and are capable of operating vehicles with a stall speed in excess of 30 knots.|
|8||Batch centrifuges||Batch centrifuges with a rotor capacity of 25 L or greater, usable with biological material.|
|9||Bellows-sealed scroll compressors and vacuum pumps|
|10||Chlorine Trifluoride||Chemical Abstracts Service registry number 7790-91-2.|
|11||Clean rooms||Class 1000 to 10000|
|12||Chromium and nickel alloy and its products: chemical process equipment, specially designed parts for that equipment, forging, castings and other unfinished products in any form, and waste or scrap made from nickel and chromium alloys|
Chemical process equipment including reaction vessels, reactors or agitators, storage tanks, containers or receivers, heat exchangers or condensers, distillation, or absorption columns, valves, pumps, piping, tubings, fittings, flanges, plates, coils.
Chromium and nickel alloys made or lined with more than 4% by weight of nickel and with more than 13% by weight of chromium that are not specified in the Export Control List.
|13||Contamination monitors||Any portable, transportable or handheld equipment designed to detect the presence of chemical warfare agents in real time, as listed in the Annexes to the Chemical Weapons Convention.|
|14||Cooling systems (freon or chilled water) and heat exchangers||Cooling systems with capacities exceeding 350 kW.|
|15||Copper-beryllium alloy parts, plates, sheets or rods|
Metal alloys, metal alloy powder and alloyed materials as follows:
Copper–beryllium alloys, with
|16||Cryogenic ultramicrotome and parts of it||Cryogenic ultramicrotones capable of sectioning materials to a thickness of 1 micrometre or less, and replacement parts for them.|
|17||Cyclone separators||Cyclone separator systems, including their parts, software and technology, using a linear or circular flow of gases or mixtures of gases that are capable of sorting particulate matter with an average diameter greater than or equal to 5 micrometres and less than or equal to 600 micrometres.|
|18||Decanning and decladding equipment||Mechanical equipment designed or usable for decanning or decladding spent nuclear reactor fuel as part of a fuel processing process.|
|19||Drum drying equipment||Any drum drying equipment capable of producing dry particles of radioactive, chemical or biological materials with aerodynamic particle sizes in the range of 0.1 to 50 micrometres.|
|20||Electrical power generators||Electrical power generators having a maximum generation rating greater than 1 MW.|
|21||Eddy current test instruments and parts||Eddy current test instruments and replacement parts for them capable of operating with a near gap of less than or equal to 2.0 mm and whose resolution is better than 1.5 micrometres (RMS) or whose bandwidth is in excess of 100 Hz.|
|22||Electrical power supply units and transformers|
High voltage direct current power supplies that are not specified in the Export Control List and
|23||Electrolytic cells for fluorine products|
Electrolytic cells that are not specified in the Export Control List that
|24||Fibrous or filamentary materials|
The following fibrous or filamentary materials or prepregs that are not specified in the Export Control List:
|25||Filament winding machines and related equipment|
Flow-forming machines and/or spin-forming machines capable of flow-forming functions and mandrels, as follows:
|27||Frequency changers (inverters) and specially designed software for them|
|28||Gaskets and O-rings|
Seals and gaskets made of
|29||Glove boxes||Any glove boxes or similar devices with remote manipulators that can provide the operator with protection from radiation or radioactive materials.|
|30||Grinding equipment||Machine tools for grinding that have positioning accuracies which, all compensations available, are equal to or less than 15 μm along any linear axis according to ISO 230/2 (1988), that are not specified in the Export Control List.|
Heat exchangers or condensers that are not specified in the Export Control List with a heat transfer surface area greater than 0.05 m² and less than 30 m², if all surfaces that may come into direct contact with fluids consist of
|32||Heat treatment and sintering furnaces||Controlled-atmosphere heat treatment furnaces capable of operation at temperatures above 400°C.|
|33||HEPA filters||HEPA filters of a frame area of 0.0625 m2 or larger with a DOP rating of 99.997% (at 0.3 micron) or higher.|
|34||High-speed balancing equipment, technology and software|
The following balancing machines and related equipment:
|35||High speed cameras||Electronic framing cameras having a speed exceeding 1000 frames per second.|
|36||Lead in sheets or blocks/bricks||Must be suitable for use in shielding.|
Multiple-seal and seal-less pumps that are not specified in the Export Control List
|38||Magnetic Alloys in thin strip form||Magnetic alloy materials in sheet or thin strip form with a thickness of 0.1 mm or less, made of iron-chromium-cobalt, iron-cobalt-vanadium, iron-chromium-cobalt-vanadium or iron-chromium.|
The following mass spectrometers that are not specified in the Export Control List that are capable of measuring ions of 200 atomic mass units or more and have a resolution of better than 2 parts in 200:
|40||Metal powder production equipment of spherical or atomised materials and specially designed components not specified in the Export Control List|
Includes but is not limited to the following equipment:
|41||Nanopowder synthesis equipment and specially designed components for it||Equipment capable of synthesizing ceramics and metallic powders to produce nanoparticles from 20 nm to 100 nm.|
|42||Nickel and nickel alloys: chemical process equipment, specially designed parts for that equipment, forging, casting and other unfinished products in any form, and waste or scrap made from nickel and nickel alloys||Includes but is not limited to reaction vessels, reactors, agitators, storage tanks, containers or receivers, heat exchangers or condensers, distillation or absorption columns, valves, pumps, piping, tubing, fittings, flanges, blocks, plates and coils that are made or lined with nickel or nickel alloys with more than 30% by weight of nickel and not specified in the Export Control List.|
|43||Nucleic acid synthesisers||Any device designed to produce oligonucleotides from nucleic acids or derivatives.|
|44||Orbital or reciprocal shakers||Orbital or reciprocal shakers with a total flask capacity greater than 250 L, usable for use with biological materials.|
|45||Oxidation furnaces||Furnaces capable of operation at temperatures over 400°C.|
|46||Perfluourinated lubricants||Perfluoroaliphatic ethers in monomeric or polymeric form.|
|47||Pressure transducers with wetted ends that include 316 stainless steel and ceramic|
Pressure transducers that are not specified in the Export Control List
Permanent magnetic materials in the shape of rings that
|49||Riot gear||Riot helmets and associated equipment, balaclavas, flashbangs, sting-ball grenades, impact munitions, chemical munitions, clothing specifically used for physical protection in riot control situations, batons and paintball guns.|
|50||Shaking incubators||Shaking incubators with a total flask capacity greater than 250 L, usable with biological materials.|
|51||Sintered metal filters employing monel or other high nickel content alloys|
Sintered metal filters made of
|52||Sintering presses||Sintering systems, including parts, software and technology for them, capable of generating a temperature in excess of 999°C or atmospheric pressure of less than 2 atmospheres.|
|53||Spray drying equipment||Spray drying equipment usable with biological material capable of producing a mean particle size of 15 microns or less, and the following components: spray/atomizer units, cyclones, classifiers, and electronic control units.|
|54||Sulphuric acid and Vanadium Pentoxide||Chemical Abstract Service registry number 7664-93-9 and Chemical Abstract Service registry number 1314-62-1, respectively.|
|55||Thermal spraying systems or equipment for coating substrates and specially designed software and technology|
|56||Tissue culture vessel||Tissue culture cultivation vessels in which each vessel has an effect growth surface area of 450 cm^2 or greater.|
|57||Titanium, titanium alloys and their products||Titanium alloy and its products: piping, tubing, fittings, flanges, forging, castings and other unfinished products in any form, and waste or scrap.|
|58||Tributyl phosphate (TBP)||Chemical Abstract Service registry number 126-73-8.|
|59||Tunnel boring equipment and specially designed components||Includes tunnel-boring, tunnel-excavating machines, earth pressure balance machines, slurry shield machines, drill faces and roadheader tunnel excavating machines.|
|60||Vibration monitoring and analysis equipment, including accelerometers, signal conditioning amplifiers and vibration analysis software|
The following vibration test systems and equipment that are not specified in the Export Control List:
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