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Registration

SOR/2012-6 January 25, 2012

SPECIAL ECONOMIC MEASURES ACT

Regulations Amending the Special Economic Measures (Syria) Regulations

P.C. 2012-8 January 25, 2012

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. Section 3.2 of the Special Economic Measures (Syria) Regulations (see footnote 1) is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (e):

  1. (f) personal or settlers’ effects that are taken or shipped by an individual leaving Syria and that are solely for the use of the individual or the individual’s immediate family;
  2. (g) personal correspondence, including lettermail, printed papers and postcards, of a weight not exceeding 250 g per item of correspondence;
  3. (h) pension payments to any person in Canada or any Canadian abroad;
  4. (i) any transaction in respect of the accounts at a Canadian financial institution that are used for the regular business of the Embassy of Syria or its consular missions in Canada;
  5. (j) any transaction in respect of the accounts at a Syrian financial institution that are used for the regular business of the Embassy of Canada or its consular missions in Syria; and
  6. (k) 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.

2. Part 1 of the schedule to the Regulations is amended by adding the following after item 31:

32. Dier ez-Zor Petroleum Company

33. Ebla Petroleum Company

34. Dijla Petroleum Company

35. Industrial Bank

36. Popular Credit Bank

37. Saving Bank

38. Agricultural Cooperative Bank

3. Items 57 to 59 of Part 2 of the schedule to the Regulations are repealed.

4. Part 2 of the schedule to the Regulations is amended by adding the following after item 89:

90. Jawdat Ibrahim Safi (Brigadier)

91. Muhammad Ali Durgham (Major General)

92. Ramadan Mahmoud Ramadan (Major General)

93. Ahmed Yousef Jarad (Brigadier)

94. Naim Jasem Suleiman (Major General)

95. Jihad Mohamed Sultan (Brigadier)

96. Fo’ad Hamoudeh (Major General)

97. Bader Aqel (Major General)

98. Ghassan Afif (Brigadier)

99. Mohamed Maaruf (Brigadier)

100. Yousef Ismail (Brigadier)

101. Jamal Yunes (Brigadier)

102. Mohsin Makhlouf (Brigadier)

103. Ali Dawwa (Brigadier)

104. Mohamed Khaddor (Brigadier)

105. Suheil Salman Hassan (Major General)

106. Wafiq Nasser

107. Ahmed Dibe

108. Makhmoud al-Khattib

109. Mohamed Heikmat Ibrahim

110. Nasser Al-Ali

111. Mehran Khwanda

APPLICATION BEFORE PUBLICATION

5. 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

6. 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 (UN), more than 5 400 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 accepted an Arab League plan to resolve the crisis on November 2, 2011, and allowed an Arab League observer mission to enter the country on December 26, 2011, it has failed to implement the other provisions of the Arab League plan, has continued its violent repression and has obstructed the efforts of the monitors.

The violence in Syria constitutes a grave breach of international peace and security that is likely to result in a serious international crisis. The situation risks deteriorating into a sectarian conflict, with a number of potential negative consequences, including a mass exodus of refugees into neighbouring countries.

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 Regulations Amending the Special Economic Measures (Syria) Regulations of December 23, 2011, prohibited imports from Syria; prohibited new investment in Syria; prohibited the export to Syria of equipment, including software, for the monitoring of telephone and Internet communications; and imposed an assets freeze and a prohibition on dealings on additional individuals and entities associated with the Assad regime. The latest Regulations Amending the Special Economic Measures (Syria) Regulations impose an assets freeze and a prohibition on dealings on additional individuals and entities associated with the Assad regime, while providing for new exemptions to minimize the impact on ordinary citizens. This amendment may nevertheless affect Canadians or Canadian companies that conduct business with designated individuals or entities.

Description and rationale

These amendments to the Regulations are made in order to respond to the continued 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 impose an assets freeze and a prohibition on dealings on additional individuals and entities associated with the Assad regime.

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