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Registration

SOR/2011-330 December 23, 2011

SPECIAL ECONOMIC MEASURES ACT

Regulations Amending the Special Economic Measures (Syria) Regulations

P.C. 2011-1727 December 22, 2011

Whereas the Governor in Council is of the opinion that the situation in Syria constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

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 Special Economic Measures Act (see footnote a), hereby makes the annexed Regulations Amending the Special Economic Measures (Syria) Regulations.

REGULATIONS AMENDING THE SPECIAL ECONOMIC
MEASURES (SYRIA) REGULATIONS

AMENDMENTS

1. The portion of section 3 of the Special Economic Measures (Syria) Regulations (see footnote 1) before paragraph (a) is replaced by the following:

3. Subject to section 3.2, it is prohibited for any person in Canada and any Canadian outside Canada to

2. Sections 3.1 to 4 of the Regulations are replaced by the following:

3.1 Subject to section 3.2, it is prohibited for any person in Canada and any Canadian outside Canada to

  1. (a) import, purchase, acquire, carry or ship any goods — other than food for human consumption — that are exported, supplied or shipped from Syria after December 23, 2011;
  2. (b) provide or acquire financial or other related services to, from or for the benefit of or on the direction or order of Syria or any person in Syria for the purpose of facilitating the importation, purchase, acquisition, carriage or shipment of any petroleum or petroleum products, excluding natural gas, from Syria;
  3. (c) make an investment in Syria if that investment involves a dealing in any property, wherever situated, held by or on behalf of Syria, a person in Syria or a national of Syria who does not ordinarily reside in Canada;
  4. (d) provide or acquire financial or other related services to, from or for the benefit of or on the direction or order of Syria or any person in Syria for the purpose of making an investment described in paragraph (c); or
  5. (e) export, sell, supply or ship to Syria or any person in Syria any goods, including technical data, for use in the monitoring of telecommunications.

3.2 The prohibitions set out in sections 3 and 3.1 do not apply in respect of

  1. (a) any activity engaged in under an agreement or arrangement between Canada and Syria;
  2. (b) any payment made by or on behalf of a designated person that is due under a contract entered into before the person became a designated person, provided that the payment is not made to or for the benefit of a designated person;
  3. (c) any goods made available, or services provided, to or by any of the following entities for the purpose of safeguarding human life, disaster relief, democratization, stabilization or providing food, medicine or medical supplies or equipment:
    1. (i) an international organization with diplomatic status,
    2. (ii) a United Nations agency,
    3. (iii) the International Red Cross and Red Crescent Movement, or
    4. (iv) a non-governmental organization that has entered into a grant or contribution agreement with the Department of Foreign Affairs and International Trade or the Canadian International Development Agency;
  4. (d) the importation, purchase, acquisition, carrying or shipping of petroleum or petroleum products that were exported, supplied or shipped from Syria before October 5, 2011; and
  5. (e) any goods from the Embassy of Canada in Syria destined for Canada or any goods from Syria destined for the Embassy of Syria in Canada.

4. 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 section 3 or 3.1.

3. Section 9 of the Regulations and the heading before it are repealed.

4. Part 1 of the schedule to the Regulations is amended by adding the following after item 21:

22. Al Furat Petroleum Company

23. Al Watan

24. Business Lab

25. Centre d’études et de recherches syrien (CERS)

26. Cham Press TV

27. Handasieh – Organization for Engineering Industries

28. Industrial Solutions

29. Mechanical Construction Factory (MCF)

30. Syria Trading Oil Company

31. Syronics-Syrian Arab Co. for Electronic Industries

5. Part 2 of the schedule to the Regulations is amended by adding the following after item 56:

57. Tarif Akhras

58. Issam Anbouba

59. Emad Ghraiwati

60. Jumah Al-Ahmad (Major General)

61. Lu’ai Al-Ali (Colonel)

62. Jasim Al-Furayj (Lt. General)

63. Aous Aslan (General) (also known as Aws Aslan)

64. Ali Abdullah Ayyub (Lt. General)

65. Ghassan Belal (General)

66. Abdullah Berri

67. George Chaoui

68. Zuhair Hamad (Major General)

69. Amar Ismael

70. Mujahed Ismail

71. Saqr Khayr Bek

72. Wajih Mahmud (Major General)

73. Kifah Moulhem

74. Nazih (Major General)

75. Bassam Sabbagh

76. Fu’ad Tawil (Major General)

77. Tala Mustafa Tlass (Lt. General)

78. Ibrahim Al-Hassan (Major General)

79. Fahid Al-Jassim (Lt. General)

80. Mohammad Al-Jleilati

81. Mohammad Nidal Al-Shaar (Dr.)

82. Muahmamd Al-Shaar

83. Khald Al-Taweel

84. Ali Barakat (Brigadier)

85. Ghiath Fayad

86. Nazih Hassun (Brigadier)

87. Maan Jdiid (Captain)

88. Talal Makhluf (Brigadier)

89. Khalil Zghraybih (Brigadier)

APPLICATION BEFORE PUBLICATION

6. 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

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The peaceful protests for democratic reform that erupted on March 15, 2011, in cities across Syria have been met with a combination of indiscriminate and excessive use of force, arbitrary detention, enforced disappearances, torture, deaths in custody, intimidation of human rights defenders and their families, and controls on information and the media. According to the United Nations, more than 5 000 have been killed, over 14 000 detained and 12 400 forced to flee Syria’s borders. Syria has also refused access to most international humanitarian organizations, raising serious protection concerns.

A resolution of the crisis remains elusive. In an effort to placate both the domestic opposition and the international community, President Bashar al-Assad has gradually unveiled a series of concessions. However, the actions of Syria’s security forces belie any genuine commitment to reform, and the implementation of these measures has been limited. While Syria has accepted an Arab League plan to end the crackdown, its commitment to the implementation of this plan remains to be proven. The Arab League suspended Syria’s membership and imposed sanctions in November.

The violence in Syria has resulted in a grave breach of international peace and security that is likely to result in a serious international crisis. The situation risks deteriorating into sectarian conflict with a number of potential negative consequences, including a mass exodus of refugees into neighbouring countries. The Government of Canada has commenced the voluntary evacuation of Canadian citizens from Syria.

In response, the Special Economic Measures (Syria) Regulations, enacted by Canada on May 24, 2011, imposed an assets freeze and a prohibition on dealings on designated individuals and entities associated with the Assad regime. The Regulations Amending the Special Economic Measures (Syria) Regulations of August 13, 2011, added additional individuals and entities to the list of designated persons, and amended the spelling of several individuals already listed. The Regulations Amending the Special Economic Measures (Syria) Regulations of October 3, 2011, added additional individuals and entities to the list of designated persons, prohibited any purchase and transportation of petroleum products from Syria, prohibited Canadian persons from making new investments in the Syrian petroleum sector, and prohibited the provision of financial services for the purpose of investing in the oil industry or facilitating the importation of petroleum and petroleum products. The latest Regulations Amending the Special Economic Measures (Syria) Regulations prohibit imports from Syria; prohibit new investment in Syria; prohibit the export to Syria of equipment, including software, for the monitoring of telephone and Internet communications; and impose an assets freeze and a prohibition on dealings on additional individuals and entities associated with the Assad regime. These amendments may impact Canadians or Canadian companies that import products from Syria, that are considering new investment in Syria, that supply equipment to Syria for the monitoring of telephone or Internet communications, or that conduct business with designated individuals or entities.

Description and rationale

These amendments to the Regulations are made in order to respond to the gravity of the situation in Syria, which in the Governor in Council’s opinion constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis.

The Regulations prohibit imports from Syria; prohibit new investment in Syria; the export to Syria of equipment, including software, for the monitoring of telephone and Internet communications; and impose an assets freeze and a prohibition on dealings on additional individuals and entities associated with the Assad regime. There are exceptions for the importation of food for human consumption and for goods consigned to the embassies of both countries.

Consultation

The Department of Foreign Affairs and International Trade drafted the Regulations having consulted the Department of Justice.

Implementation, enforcement and service standards

Compliance is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. Every person who contravenes section 3 of the Regulations is liable, upon conviction, to the punishments set out in section 8 of the Special Economic Measures Act.

Contacts

Curtis Schmeichel
Legal Officer
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-996-3863
Fax: 613-992-2467
Email: curtis.schmeichel@international.gc.ca

Hugh Adsett
Director
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-992-6296
Fax: 613-992-2467
Email: hugh.adsett@international.gc.ca

Jeffrey McLaren
Director
Gulf and Maghreb Region
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-1249
Fax: 613-944-7431
Email: jeffrey.mclaren@international.gc.ca

Footnote a
S.C. 1992, c. 17

Footnote 1
SOR/2011-114