Interpretation

1 The following definitions apply in these Regulations.

arms and related material

arms and related material[Repealed, SOR/2016-15, s. 1]

Canadian financial institution

Canadian financial institution has the same meaning as in section 2 of the Bank Act. (institution financière canadienne)

Convention

Convention means the Vienna Convention on Diplomatic Relations, done at Vienna on April 18, 1961. (Convention)

designated person

designated person[Repealed, SOR/2016-15, s. 1]

Guide

Guide has the same meaning as in section 1 of the Export Control List. (Guide)

Iran

Iran means the Islamic Republic of Iran and includes

• (a) any of its political subdivisions;

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

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

Iranian financial institution

Iranian financial institution[Repealed, SOR/2016-15, s. 1]

Minister

Minister means the Minister of Foreign Affairs. (ministre)

mission premises

mission premises has the same meaning as “premises of the mission” in Article 1 of the Convention, and includes the mission’s archives. (locaux de la mission)

pension

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significant interest[Repealed, SOR/2016-15, s. 1]

List

2 A person whose name is listed in Schedule 1 is a person who is in Iran, or is a national of Iran 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 engaged in activities that directly or indirectly facilitate, support, provide funding for, contribute to, 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, including when the person is an entity, a senior official of the entity;

• (a.1) a person who has participated in gross and systematic human rights violations in Iran;

• (b) a former or current senior official in the Islamic Revolutionary Guard Corps;

• (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) and (f);

• (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; or

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

Prohibitions

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 service in respect of a dealing referred to in paragraph (a);

• (d) make any goods, wherever situated, available to a listed person or to a person acting on behalf of a listed person; or

• (e) provide any financial or related service to a listed person or to a person acting for the benefit of a listed person.

3.1 Section 3 does not apply with respect to

• (a) pension payments to any person in Canada or any Canadian outside Canada;

• (b) any transaction in respect of any account held by a diplomatic mission at a financial institution, if the transaction is required in order for the mission to fulfil its diplomatic functions as set out in Article 3 of the Convention or, if the diplomatic mission has been temporarily or permanently recalled, if the transaction is required in order to maintain the mission premises;

• (c) any transaction with any international organizations with diplomatic status, with any United Nations agencies, with the International Red Cross and Red Crescent Movement, or with any Canadian non-governmental organizations that have entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development;

• (d) the transfer of any accounts, funds or investments held on behalf of a Canadian by a listed person on the day on which that person’s name was listed to any person who is not a listed person;

• (e) any dealings with respect to loan repayments made by a listed person on loans entered into before the day on which that person’s name was listed to any person in Canada or any Canadian outside Canada who is not a listed person;

• (f) the exercise of a right by a person who is not a listed person with respect to a listed person’s property that is subject to a lien, a mortgage or security interest, a hypothec or prior claim, or a charge; or

• (g) 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.

• 4 (1) It is prohibited for any person in Canada or any Canadian outside Canada to export, sell, supply or ship any of the goods listed in Schedule 2, wherever situated, to Iran, to a person in Iran, or to a person for the purposes of a business carried on in or operated from Iran.

• (2) It is prohibited for any person in Canada or any Canadian outside Canada to transfer, provide or disclose to Iran or any person in Iran any technical data related to the goods listed in Schedule 2.

4.1 [Repealed, SOR/2016-15, s. 5]

5 [Repealed, SOR/2016-15, s. 5]

6 [Repealed, SOR/2016-15, s. 5]

7 [Repealed, SOR/2016-15, s. 5]

7.1 [Repealed, SOR/2016-15, s. 5]

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 and 4.

8.1 Sections 4 and 8 do not apply to

• (a) equipment, services and software that facilitate secure and widespread communications via information technologies, or the provision or acquisition of financial services in relation to such equipment, services and software, provided that an export permit has been issued in respect of any goods listed in the Guide;

• (b) goods used to purify water for civilian and public health purposes, or the provision or acquisition of financial services in relation to such goods; and

• (c) any activity, or the provision or acquisition of financial services in relation to an activity, that has as its purpose

  • (i) the safeguarding of human life,

  • (ii) disaster relief, or

  • (iii) the provision of food, medicine and medical supplies.

Obligations

9 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.

• 10 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 9 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).

• (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

• 11 (1) A listed 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 Schedule 1.

12 If there has been a material change in circumstances since the last application was submitted under section 11, a person may submit another application.

• 13 (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.

• (2) Within 30 days after receiving 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.

14 [Repealed, SOR/2011-268, s. 7]

Application Before Publication

15 For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette.

Coming into Force

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