ARCHIVED — Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations

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Vol. 145, No. 8 — April 13, 2011

Registration

SOR/2011-78 March 23, 2011

FREEZING ASSETS OF CORRUPT FOREIGN OFFICIALS ACT

P.C. 2011-427 March 23, 2011

Whereas Tunisia and Egypt have asserted to the Government of Canada, in writing, that each of the persons listed in the annexed Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations have misappropriated property of Tunisia or of Egypt, as the case may be, or have acquired property inappropriately by virtue of their office or a personal or business relationship and have asked the Government of Canada to freeze the property of those persons;

Whereas the Governor in Council is satisfied that each of those persons are politically exposed foreign persons in relation to Tunisia or Egypt, as the case may be;

Whereas the Governor in Council is satisfied that there is internal turmoil or an uncertain political situation in Tunisia and Egypt;

And whereas the Governor in Council is satisfied that the making of the annexed Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations is in the interest of international relations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1) to (3) of the Freezing Assets of Corrupt Foreign Officials Act (see footnote a), hereby makes the annexed Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations.

FREEZING ASSETS OF CORRUPT FOREIGN OFFICIALS (TUNISIA AND EGYPT) REGULATIONS

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“Egypt”
« Égypte »

“Egypt” means the Arab Republic of Egypt.

“Tunisia”
« Tunisie »

“Tunisia” means the Tunisian Republic.

APPLICATION

Application

2. Section 3 applies in respect of the property of the politically exposed foreign persons listed in Schedules 1 and 2.

PROHIBITIONS

Asset freeze

3. A person in Canada must not

  1. (a) deal, directly or indirectly, in any property, wherever situated, of any politically exposed foreign person;
  2. (b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in paragraph (a); or
  3. (c) provide financial services or other related services in respect of any property of any politically exposed foreign person.

APPLICATION BEFORE PUBLICATION

Application before publication

4. 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

Registration

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

SCHEDULE 1
(Section 2)

POLITICALLY EXPOSED FOREIGN PERSONS (TUNISIA)

1. Zine El Abidine ben Hadj Hamda ben Hadj Hassen BEN ALI (also known among other names as Zine El Abidine Ben Haj Hamda Ben Haj Hassen BEN ALI), born on September 3, 1936, in Hammam Sousse, son of Selma HASSEN and spouse of Leïla TRABELSI

2. Leila Bent Mohamed ben Rhouma TRABELSI (also known among other names as Leïla Bent Mohamed Ben Rehouma TRABELSI), born on October 24, 1956, in Tunis, daughter of Saïda DHRIF and spouse of Zine El Abidine BEN ALI

3. Moncef Ben Mohamed ben Rhouma TRABELSI (also known among other names as Moncef Ben Mohamed Ben Rehouma TRABELSI), born on March 4, 1944, in Tunis, son of Saïda DHRIF and spouse of Yamina SOUIAI

4. Mohamed ben Moncef ben Mohamed TRABELSI (also known among other names as Mohamed Ben Moncef Ben Mohamed TRABELSI), born on January 27, 1980, in Sebha, Libya, son of Yamina SOUIAÏ and spouse of Ines LEJRI

5. Fahd Mohamed Sakher Ben Moncef ben Mohamed Hafiz EL MATRI (also known among other names as Fahd Mohamed Sakher Ben Moncef Ben Mohamed Hfaiez MATERI), born on December 2, 1981, in Tunis, son of Naïma BOUTIBA and spouse of Nesrine BEN ALI

6. Nesrine bent Zine El Abidine ben Hadj Hamda BEN ALI (also known among other names as Nesrine Bent Zine El Abidine Ben Haj Hamda BEN ALI), born on January 16, 1987, in Tunis, daughter of Leïla TRABELSI and spouse of Fahd Mohamed Sakher EL MATRI

7. Halima bent Zine El Abidine ben Hadj Hamda BEN ALI (also known among other names as Halima Bent Zine El Abidine Ben Haj Hamda BEN ALI), born on July 17, 1992, daughter of Leïla TRABELSI

8. Belhassen Ben Mohamed ben Rhouma TRABELSI (also known among other names as Belhassen Ben Mohamed Ben Rehouma TRABELSI), born on November 5, 1962, in Tunis, son of Saïda DHRIF

9. Mohamed Ennacer Ben Mohamed ben Rhouma TRABELSI (also known among other names as Mohamed Naceur Ben Mohamed Ben Rehouma TRABELSI), born on June 24, 1948, in Tunis, son of Saïda DHRIF and spouse of Nadia MAKNI

10. Jalila bent Mohamed ben Rhouma TRABELSI (also known among other names as Jalila Bent Mohamed Ben Rehouma TRABELSI), born on February 19, 1953, in Rades, daughter of Saïda DHRIF and spouse of Mohamed MAHJOUB

11. Mohamed Imed Ben Mohamed Ennacer ben Mohamed TRABELSI (also known among other names as Mohamed Imed Ben Mohamed Naceur Ben Mohamed TRABELSI), born on August 26, 1974, in Tunis, son of Néjia JERIDI

12. Mohamed Adel Ben Mohamed TRABELSI (also known among other names as Mohamed Adel Ben Mohamed Rehouma TRABELSI), born on April 26, 1950, in Tunis, son of Saïda DHRIF and spouse of Souad BEN JEMIAI

13. Mohamed Mourad Ben Mohamed Ben Rhouma TRABELSI (also known among other names as Mohamed Mourad Ben Mohamed Rehouma TRABELSI), born on September 25, 1955, in Tunis, son of Saïda DHRIF and spouse of Hela BELHADJ

14. Samira Bent Mohamed Ben Rhouma TRABELSI (also known among other names as Samira Bent Mohamed Ben Rehouma TRABELSI), born on December 27, 1958, in Tunis, daughter of Saïda DHRIF and spouse of Mohamed Montassar MEHREZI

15. Mohamed Montassar Ben kebaier Ben Mohamed MEHREZI (also known among other names as Mohamed Montassar Ben Kbaier Ben Mohamed MEHREZI), born on September 5, 1959, in La Marsa, son of Fatma SFAR and spouse of Samira TRABELSI

16. Nefissa Bent Mohamed Ben Rhouma TRABELSI (also known among other names as Nefissa Bent Mohamed Ben Rehouma TRABELSI), born on February 1, 1960, daughter of Saïda DHRIF and spouse of Habib ZAKIZ

17. Habib ben Gaddour ben Mustapha BEN ZAKIZ (also known among other names as Habib Ben Kaddour Ben Mustapha BEN ZAKIR), born on March 5, 1957, son of Saïda BEN ABDALAH and spouse of Nefissa TRABELSI

18. Moez Ben Moncef ben Mohamed TRABELSI (also known among other names as Moez Ben Moncef Ben Mohamed TRABELSI), born on July 3, 1973, in Tunis, son of Yamina SOUIAÏ

19. Lilia bent Noureddine ben Ahmed NACEF (also known among other names as Lilia Bent Noureddine Ben Ahmed NACEF), born on June 25, 1975, in Tunis, daughter of Mounira TRABELSI (sister of Leïla TRABELSI) and spouse of Mourad MAHDOUI

20. Mourad ben Hédi ben Ali MAHDOUI (also known among other names as Mourad Ben Hédi Ben Ali MEHDOUI), born on May 3, 1962, in Tunis, son of Naïla BORTAJI and spouse of Lilia NACEF

21. Houssen Ben Mohamed Ennacer ben Mohamed TRABELSI (also known among other names as Houssem Ben Mohamed Naceur Ben Mohamed TRABELSI), born on September 18, 1976, son of Néjia JERIDI

22. Bouthaïna bent Moncef ben Mohamed TRABELSI (also known among other names as Bouthaina Bent Moncef Ben Mohamed TRABELSI), born on December 4, 1971, daughter of Yamina SOUIAÏ

23. Nabil ben Abderrazzak ben Mohamed TRABELSI (also known among other names as Nabil Ben Abderrazek Ben Mohamed TRABELSI), born on December 20, 1965, son of Radhia MATHLOUTHI and spouse of Linda CHARNI

24. Mehdi ben Ridha ben Mohamed BEN GAÏED (also known among other names as Mehdi Ben Ridha Ben Mohamed BEN GAIED), born on January 29, 1988, son of Kaouther Ferial HAMZA, CEO of the corporation STAFIM — Peugeot

25. Mohamed Slim ben Mohamed Hassen ben Salah CHIBOUB (also known among other names as Mohamed Slim Ben Mohamed Hassen Ben Salah CHIBOUB), born on January 13, 1959, son of Leïla CHAIBI and spouse of Dorsaf BEN ALI

26. Dorsaf bent Zine El Abidine ben Hadj Hamda BEN ALI (also known among other names as Dorsaf Bent Zine El Abidine Ben Haj Hamda BEN ALI), born on July 5, 1965, in Bardo, daughter of Naïma KEFI and spouse of Mohamed Slim CHIBOUB

27. Sirine bent Zine El Abidine ben Hadj Hamda BEN ALI (also known among other names as Sirine Bent Zine El Abidine Ben Haj Hamda BEN ALI), born on August 21, 1971, in Bardo, daughter of Naïma KEFI, Counsellor with the Department of Foreign Affairs and spouse of Mohamed Marouane MABROUK

28. Mohamed Marouane ben Ali ben Mohamed MABROUK (also known among other names as Mohamed Marouen Ben Ali Ben Mohamed MABROUK), born on March 11, 1972, in Tunis, son of Jaouida BEJI and spouse of Sirine BEN ALI

29. Ghazoua bent Zine El Abidine ben Hadj Hamda BEN ALI (also known among other names as Ghazoua Bent Zine El Abidine Ben Haj Hamda BEN ALI), born on March 8, 1963, in Bardo, daughter of Naïma KEFI and spouse of Slim ZARROUK

30. Slim ben Mohamed Salah ben Ahmed ZARROUK (also known among other names as Slim Ben Mohamed Salah Ben Ahmed ZARROUK), born on August 13, 1960, in Tunis, son of Meherzia GHEDIRA and spouse of Ghazoua BEN ALI

31. Farid ben Hadj Hamda ben Hadj Hassen BEN ALI (also known among other names as Farid Ben Haj Hamda Ben Haj Hassen BEN ALI), born on November 22, 1949, in Hammam Sousse, son of Selma HASSEN

32. Faouzi ben Hadj Hamda ben Hadj Hassen BEN ALI (also known among other names as Faouzi Ben Haj Hamda Ben Haj Hassen BEN ALI), born on March 13, 1947, in Hammam Sousse, spouse of Zohra BEN AMMAR

33. Hayet bent Hadj Hamda ben Hadj Hassine BEN ALI (also known among other names as Hayet Bent Haj Hamda Ben Haj Hassen BEN ALI), born on May 16, 1952, in Hammam Sousse, daughter of Selma HASSEN and spouse of Fethi REFAÏ

34. Najet bent Hadj Hamda ben Hadj Hassen BEN ALI (also known among other names as Najet Bent Haj Hamda Ben Haj Hassen BEN ALI), born on September 18, 1956, in Sousse, daughter of Selma HASSEN and spouse of Sadok Habib MEHIRI

35. Slaheddine ben Hadj Hamda ben Hadj Hassine BEN ALI (also known among other names as Slaheddine Ben Haj Hamda Ben Haj Hassen BEN ALI), born on October 28, 1938, son of Selma HASSEN

36. Kaies Ben Slaheddine ben Hadj Hamda BEN ALI (also known among other names as Kaïs Ben Slaheddine Ben Haj Hamda BEN ALI), born on October 21, 1969, son of Selma MANSOUR and spouse of Monia CHADLI

37. Hamda Ben Slaheddine ben Hadj Hamda BEN ALI (also known among other names as Hamda Ben Slaheddine Ben Haj Hamda BEN ALI), born on April 29, 1974, in Monastir, son of Selma MANSOUR

38. Nejmeddine Ben Slaheddine ben Hadj Hamda BEN ALI (also known among other names as Najmeddine Ben Slaheddine Ben Haj Hamda BEN ALI), born on October 12, 1972, in Monastir, son of Selma MANSOUR

39. Najet Ben Slaheddine ben Hadj Hamda BEN ALI (also known among other names as Najet Bent Slaheddine Ben Haj Hamda BEN ALI), born on March 8, 1980, in Monastir, daughter of Selma MANSOUR and spouse of Zied JAZIRI

40. Douraïd Ben Hamed Ben Taher BOUAOUINA (also known among other names as Douraied Ben Hamed Ben Taher BOUAOUINA), born on October 8, 1978, in Hammam Sousse, son of Hayet BEN ALI

41. Akram ben Hamed ben Taher BOUAOUINA (also known among other names as Akrem Ben Hamed Ben Taher BOUAOUINA), born on August 9, 1977, in Hammam Sousse, son of Hayet BEN ALI

42. Ghazoua bent Hamed ben Taher BOUAOUINA (also known among other names as Ghazoua Bent Hamed Ben Taher BOUAOUINA), born on August 30, 1982, in Monastir, daughter of Hayet BEN ALI and spouse of Badreddine BENNOUR

43. Imed ben Habib ben Bou-Ali LETAÏEF (also known among other names as Imed Ben Habib Ben Bouali LTAIEF), born on January 13, 1970, in Sousse, son of Naima BEN ALI

44. Naoufel ben Habib ben Bou-Ali LETAÏEF (also known among other names as Naoufel Ben Habib Ben Bouali LTAIEF), born on October 22, 1967, in Hammam Sousse, son of Naïma BEN ALI

45. Montassar ben Habib ben Bou-Ali LETAÏEF (also known among other names as Montassar Ben Habib Ben Bouali LTAIEF), born on January 3, 1973, in Sousse, son of Naïma BEN ALI and spouse of Lamia JEGHAM

46. Mehdi ben Tijani ben Hadj Hamda ben Hadj Hassen BEN ALI (also known among other names as Mehdi Ben Tijani Ben Haj Hamda Ben Haj Hassen BEN ALI), born on October 27, 1966, in Paris, France, son of Paulette Hazette

47. Slim ben Tijani ben Hadj Hamda BEN ALI (also known among other names as Slim Ben Tijani Ben Haj Hamda BEN ALI), born on April 16, 1971, in Paris, France, son of Paulette Hazette and spouse of Amel SAÏD

48. Sofiane ben Habib ben Hadj Hamda BEN ALI (also known among other names as Sofiene Ben Habib Ben Haj Hamda BEN ALI), born on August 28, 1974, in Tunis, son of Leïla DEROUICHE

Notes:

1. Uppercase letters indicate the surname.

2. Unless there is an indication to the contrary, the country of birth is Tunisia.

SCHEDULE 2
(Section 2)

POLITICALLY EXPOSED FOREIGN PERSONS (EGYPT)

1. Mohamed Hosni Alsayed Mubarak, former President of Egypt

2. Suzanne Saleh Thabet, spouse of the former President of Egypt

3. Alaa Mohamed Hosni Alsayed Mubarak

4. Haidy Mahmoud Magdi Hussein Rasekh, spouse of Alaa Mohamed Hosni Alsayed Mubarak

5. Gamal Mohamed Hosni Alsayed Mubarak

6. Khadijah Mahmoud El Gammal, spouse of Gamal Mohamed Hosni Alsayed Mubarak

7. Ahmed Abdelaziz Ezz (also known among other names as Ahmed Abdel-Aziz Ezz), born on January 12, 1959 and former Member of Parliament

8. Ahmed Alaeldin Amin Abdelmaksoud Elmaghraby (also known among other names as Ahmed Alaaeldin Amin Abdelmaksoud Elmaghraby), born on May 16, 1945 and former Minister of Housing, Public Utilities and Urban Development

9. Rachid Mohamed Rachid, born on February 9, 1955 and former Minister of Trade and Industry

10. Mohamed Zohir Mohamed Wahed Garrana (also known among other names as Mohamed Zohir Mohamed Wahid Garrana), born on February 20, 1959 and former Minister of Tourism

11. Habib Ibrahim Eladli (also known among other names as Habib Ibrahim Habib Eladly), born on March 1, 1938 and former Minister of the Interior

12. Elham Sayed Salem Sharshar, born on January 23, 1963 and spouse of Habib Ibrahim Eladli, former Minister of the Interior

13. Sherif Habib Ibrahim Eladli (also known among other names as Sherif Habib Ibrahim Habib Eladly), born on June 1, 2000 and son of Habib Ibrahim Eladli, former Minister of the Interior

14. Abla Mohamed Fawzy Aly Ahmed Salama, born on January 31, 1963 and spouse of Ahmed Abdel-Aziz Ezz

15. Khadiga Ahmed Ahmed Kamel Yassin, born on May 29, 1959 and spouse of Ahmed Abdel-Aziz Ezz

16. Shahinaz Abdel-Aziz Abdel-Wahab El-Naggar, born on October 9, 1969 and spouse of Ahmed Abdel-Aziz Ezz

17. Ahmd Ahmed Abdel-Aziz Ezz, born on April 26, 1977 and son of Ahmed Abdel-Aziz Ezz

18. Nejla Abdalla Algazaerli, born on June 3, 1956 and spouse of Ahmed Alaaeldin Amin Abdelmaksoud Elmaghraby

19. Hania Mahmoud Abdel Rahman Fahmi, born on July 5, 1959 and spouse of Rachid Mohamed Rachid

20. Geilan Shawkat Hosny Galal Eldin, born on January 8, 1960 and spouse of Mohamed Zohir Mohamed Wahid Garrana

21. Amir Mohamed Zohier Mohamed Waheed Garranah, born on September 21, 1990 and son of Mohamed Zohir Mohamed Wahid Garrana

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

At the present time, Canada is in receipt of written requests for assistance from two states, Tunisia and Egypt, which have recently experienced political upheaval. These states are seeking to freeze the assets of former leaders and senior officials or their associates and family members suspected of having misappropriated state funds, or obtained property inappropriately as a result of their office or family, business or personal connections. The Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations seek to give effect to written requests from Tunisia and Egypt to freeze property of the politically exposed foreign persons listed in Schedule 1 and 2 of the Regulations.

Description and rationale

The Freezing Assets of Corrupt Foreign Officials Act permits the Government to freeze the assets or restrain property of politically exposed foreign persons upon receipt of a written request from a state, where the Governor-in-Council has determined that the state is in a state of turmoil or political uncertainty, and where the making of the order or regulation is in the interest of international relations. The Regulations deal specifically with Tunisia and Egypt.

The situations in both Tunisia and Egypt reflect a continuing state of turmoil and political uncertainty. In Tunisia, the government of national unity is working towards free elections and the establishment of a pluralistic democracy. Having seen their national wealth squandered by the ruling families who deprived Tunisians not only of basic economic well-being but fundamental human rights, segments of the population remain suspicious of the Government. The rural poor, in particular, are eager to improve their material situation. It is paramount for the Tunisian national unity government to ultimately recover the misappropriated assets of the country to help alleviate poverty, instil a sense of justice to appease its population and ensure that these assets are not utilized to undermine a fragile democracy.

In Egypt, the Supreme Council of the Armed Forces has dissolved parliament, suspended the constitution, and appointed a commission to draft constitutional amendments to be put before the public in a referendum. Labour strikes continue across the country with workers demanding higher pay. Protestors continue to make demands including that former President Hosni Mubarak be put on trial, that all of his assets be returned to the national treasury, and for charges to be laid against other ex-senior officials. While trying to restore order and get the economy back on track, Egypt has been particularly affected by the unrest in Libya where an estimated 1 million Egyptians work. Tens of thousands of workers have already fled back and the loss of remittances will be an additional strain on the economy.

There is strong support among likeminded countries to support a democratic transition in Tunisia and Egypt by ensuring that misappropriated assets held by officials of the former government can be seized so that politically exposed foreign persons may be held accountable. Other countries, such as Switzerland, have already taken steps to freeze the assets of former senior officials of both Tunisia and Egypt. Given the request from the new authorities in Tunisia and Egypt and Canada’s support for accountability, rule of law and a transition to democracy in both countries, the making of the regulation is in the interest of international relations.

Consultation

The Department of Foreign Affairs and International Trade held consultations with the Departments of Justice, Finance, the Office of the Superintendent of Financial Institutions, FINTRAC, the Royal Canadian Mounted Police, Canada Border Services Agency, the Privy Council Office and the Treasury Board Secretariat. All departments were supportive of this initiative.

Implementation, enforcement and service standards

Compliance is ensured by the Royal Canadian Mounted Police. Every person who contravenes provisions of the Regulations is liable, upon conviction, to the punishments set out in section 10 of the Freezing Assets of Corrupt Foreign Officials Act.

Contacts

Hugh Adsett
Director
Criminal, Security and Diplomatic Law Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-995-8508
Fax: 613-944-0870

Louis-Martin Aumais
Deputy Director
Criminal, Security and Diplomatic Law Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-995-7142
Fax: 613-944-0870

Footnote a
S.C. 2011, c. 10