ARCHIVED — Vol. 146, No. 15 — July 18, 2012

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Registration

SOR/2012-145 July 5, 2012

SPECIAL ECONOMIC MEASURES ACT

Regulations Amending the Special Economic Measures (Syria) Regulations

P.C. 2012-968 July 5, 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), makes the annexed Regulations Amending the Special Economic Measures (Syria) Regulations.

REGULATIONS AMENDING THE SPECIAL ECONOMIC MEASURES (SYRIA) REGULATIONS

AMENDMENTS

1. Section 3.1 of the Special Economic Measures (Syria) Regulations (see footnote 1) is amended by striking out “or” at the end of paragraph (f) and by adding the following after paragraph (g):

  • (h) export, sell, supply or ship to Syria or any person in Syria any of the goods set out in Schedule 2; or

2. The schedule to the Regulations is numbered as Schedule 1.

3. Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 44:

45. Syrian International Islamic Bank

46. Syrian National Security Bureau

4. The Regulations are amended by adding, after Schedule 1, the Schedule 2 set out in the schedule to these Regulations.

5. The Regulations are amended by replacing “the schedule” with “Schedule 1” in the following provisions:

  • (a) the definition “designated person” in section 1;

  • (b) the portion of section 2 before paragraph (a); and

  • (c) subsections 7(1) and (2).

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.

SCHEDULE
(Section 4)

SCHEDULE 2
(Paragraphs 3.1(h) and (i))

GOODS

Item

Column 1

Goods

Column 2

Description

1.

2-bromochloroethane

Chemical Abstracts Service registry number 107-04-0

2.

2-methoxyethanol

Chemical Abstracts Service registry number 109-86-4

3.

Aluminum chloride

Chemical Abstracts Service registry number 7446-70-0

4.

Agitators

Agitators for use in reaction vessels or reactors, with a total internal (geometric) volume greater than 0.1 m3 (100 L) and less than 20 m3 (20,000 L), that are not specified in the Export Control List

5.

Arsenic

Chemical Abstracts Service registry number 7440-38-2

6.

Arsenic trioxide

Chemical Abstracts Service registry number 1327-53-3

7.

Batch centrifuges

Batch centrifuges with a rotor capacity of 4 L or greater, usable with biological materials

8.

Benzil

Chemical Abstracts Service registry number 134-81-6

9.

Biosafety cabinets

Class II biosafety cabinets

10.

Butyrylcholinesterase (BCHE)

 

11.

Clean-air Rooms

Conventional or turbulent air-flow clean-air rooms

12.

Dichloromethane

Chemical Abstracts Service registry number 75-09-2

13.

Diethylamine

Chemical Abstracts Service registry number 109-89-7

14.

Diethylenetriamine

Chemical Abstracts Service registry number 111-40-0

15.

Diethyl ether

Chemical Abstracts Service registry number 60-29-7

16.

Dimethylaminoethanol

Chemical Abstracts Service registry number 108-01-0

17.

Dimethyl ether

Chemical Abstracts Service registry number 115-10-6

18.

Distillation or Absorption Columns

Distillation or absorption columns of internal diameter greater than 0.1 m that are not specified in the Export Control List

19.

Ethylamine

Chemical Abstracts Service registry number 75-04-7

20.

Ethyl bromide

Chemical Abstracts Service registry number 74-96-4

21.

Ethyl chloride

Chemical Abstracts Service registry number 75-00-3

22.

Ethylene dichloride

Chemical Abstracts Service registry number 107-06-2

23.

Fermenters

Fermenters, with an internal volume equal to or greater than 10 L and less than 20 L, usable with biological materials

24.

Fume hoods

Floor-mounted fume hoods (walk-in style) with a minimum nominal width of 2.5 m

25.

Glove boxes

Class II glove boxes

26.

Heat Exchangers or Condensers

Heat exchangers or condensers, with a heat transfer surface area greater than 0.05 m2 and less than 30 m2, and tubes, plates, coils, or blocks (cores) designed for such heat exchangers or condensers, that are not specified in the Export Control List

27.

HEPA Filter Units

Self-contained fan-HEPA filter units that may be used for CL3 or CL4 (P3, P4, BSL3, BSL4, L3, L4) containment facilities

28.

Hexamine

Chemical Abstracts Service registry number 100-97-0

29.

Isocyanatomethane

Chemical Abstracts Service registry number 624-83-9

30.

Isopropyl bromide

Chemical Abstracts Service registry number 75-26-3

31.

Isopropyl ether

Chemical Abstracts Service registry number 108-20-3

32.

Methylamine

Chemical Abstracts Service registry number 74-89-5

33.

Methyl bromide

Chemical Abstracts Service registry number 74-83-9

34.

Monoisopropylamine

Chemical Abstracts Service registry number 75-31-0

35.

Nitromethane

Chemical Abstracts Service registry number 75-52-5

36.

N,N-Dimethylaniline

Chemical Abstracts Service registry number 121-69-7

37.

Obidoxime chloride

Chemical Abstracts Service registry number 114-90-9

38.

Picric acid

Chemical Abstracts Service registry number 88-89-1

39.

Potassium bromide

Chemical Abstracts Service registry number 7758-02-3

40.

Pumps

Multiple-seal, single-seal, and seal-less pumps, with manufacturer’s specified maximum flow-rate greater than 0.6 m3/h, that are not specified in the Export Control List

41.

Pyridine

Chemical Abstracts Service registry number 110-86-1

42.

Pyridostigmine bromide

Chemical Abstracts Service registry number 101-26-8

43.

Quinaldine

Chemical Abstracts Service registry number 91-63-4

44.

Reaction Vessels or Reactors

Reaction vessels or reactors, with or without agitators, with total internal (geometric) volume greater than 0.1 m3 (100 L) and less than 20 m3 (20,000 L), that are not specified in the Export Control List

45.

Respirators

Full face-mask air-purifying and air-supplying respirators

46.

Sodium bromide

Chemical Abstracts Service registry number 7647-15-6

47.

Sodium metal

Chemical Abstracts Service registry number 7440-23-5

48.

Storage Tanks, Containers, or Receivers

Storage tanks, containers or receivers, with a total internal (geometric) volume greater than 0.1 m3 (100 L), that are not specified in the Export Control List

49.

Tributylamine

Chemical Abstracts Service registry number 102-82-9

50.

Tributylphosphite

Chemical Abstracts Service registry number 102-85-2

51.

Triethylamine

Chemical Abstracts Service registry number 121-44-8

52.

Trimethylamine

Chemical Abstracts Service registry number 75-50-3

53.

Vacuum Pumps

Vacuum pumps, with a manufacturer’s specified maximum flow-rate greater than 1 m3/h (under standard temperature (273 K (0°C)) and pressure (101.3 kPa) conditions), and casings (pump bodies) and preformed casing-liners, impellers, rotors, and jet pump nozzles designed for such pumps, that are not specified in the Export Control List

54.

Valves

Valves, with “nominal sizes” greater than 10mm, and casings (valve bodies) designed for such valves, that are not specified in the Export Control List

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

1. Background

The Special Economic Measures (Syria) Regulations of May 24, 2011, were enacted by Canada under the Special Economic Measures Act (SEMA). These measures prohibited persons in Canada and Canadians abroad from dealing in the property of designated persons.

The Regulations Amending the Special Economic Measures (Syria) Regulations of August 13, 2011, added further individuals and entities to the list of designated persons and amended the spelling of several names already listed.

The Regulations Amending the Special Economic Measures (Syria) Regulations of October 4, 2011, added further individuals and entities to the list of designated persons, prohibited any purchase and transportation of petroleum products from Syria, prohibited Canadians 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, added further individuals and entities to the list of designated persons, prohibited imports from Syria, prohibited new investment in Syria, and prohibited the export to Syria of equipment, including software, for the monitoring of telephone and Internet communications.

The Regulations Amending the Special Economic Measures (Syria) Regulations of January 25, 2012, added further individuals and entities to the list of designated persons, while providing for new exemptions to minimize the impact on ordinary citizens.

The Regulations Amending the Special Economic Measures (Syria) Regulations of March 5, 2012, imposed a nearly complete ban on financial transactions with Syria and any person in Syria, and added further individuals and entities to the list of designated persons.

The Regulations Amending the Special Economic Measures (Syria) Regulations of March 30, 2012, added further individuals and entities to the list of designated persons.

The Regulations Amending the Special Economic Measures (Syria) Regulations of May 18, 2012, prohibited the export to Syria of luxury goods, and added three additional individuals and three additional entities to the list of designated persons subject to a prohibition on dealings under the Regulations.

2. Issue

The Regulations Amending the Special Economic Measures (Syria) Regulations 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 peaceful, pro-democracy protests that erupted on March 15, 2011, in cities across Syria have been met with escalating repression. The United Nations (UN) Human Rights Council’s Commission of Inquiry has found evidence of widespread, systematic and gross violations of human rights committed with the apparent knowledge and consent of the highest levels of state. According to UN estimates, well over 10 000 Syrians have been killed, and tens of thousands more have been forced to flee to neighbouring countries. The Syrian government has also denied 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, these measures remain limited in both scope and implementation, and the actions of Syria’s security forces belie any genuine commitment to reform. An Arab League proposal to end the violence was accepted by Syria on November 2, 2011, but its provisions continue to be violated by the Syrian regime. An Arab League observer mission entered the country on December 26, 2011, but the Syrian regime obstructed its activities, and the mission suspended its activities as a result of the escalating violence on January 28, 2012. An Arab League plan for a peaceful democratic transition — supported by the UN General Assembly (February 16, 2012) and the Friends of the Syrian People (February 24, 2012) — was not accepted by Syria. The six-point plan of UN-Arab League Joint Special Envoy Kofi Annan was accepted by Syria on March 28, 2012. It achieved a ceasefire and the deployment of the UN Supervision Mission in Syria (UNSMIS). However, following an initial lull, violence is again escalating and the rest of the plan remains largely unimplemented.

3. Objectives

The regulatory action aims to

  • contribute to concerted international efforts to further isolate and increase the pressure on the regime, and erode its capacity for repression; and
  • signal Canada’s support for the people of Syria.

4. Description

The Regulations Amending the Special Economic Measures (Syria) Regulations prohibit the export, sale, supply or shipment to Syria of any goods set out in Schedule 2 to the Regulations and the transfer, provision or communication of technical data related to any of those goods. The goods to which these prohibitions apply are goods that can be used in the manufacture and maintenance of items that may be used for internal repression, as well as goods that can be used in the production of chemical and biological weapons. The amendments also add two entities associated with the Syrian regime and its repression to the list of designated persons subject to an assets freeze and a prohibition on dealings under the Regulations.

These amendments may affect Canadians or Canadian companies that conduct business with designated entities, or which export any goods set out in Schedule 2 to the Regulations or associated technical data. However, with the existing prohibitions on financial services between Canada and Syria, the new measures are not expected to have a significant additional impact on Canadians or Canadian companies. Moreover, the Minister of Foreign Affairs is authorized to issue permits to allow those affected by the Regulations to undertake activities that would otherwise be prohibited.

5. Consultation

The Department of Foreign Affairs and International Trade drafted the Regulationsfollowing consultations with the Department of Justice.

6. Small business lens

The Regulations may affect Canadians or Canadian companies that conduct business with designated entities or that export any goods set out in Schedule 2 to the Regulations or associated technical data to Syria. However, with the existing prohibitions on financial services between Canada and Syria, the new measures are not expected to have a significant additional impact on Canadians or Canadian companies. Moreover, the Minister of Foreign Affairs is authorized to issue permits to allow those affected by the Regulations to undertake activities that would otherwise be prohibited.

7. Rationale

The United States, the European Union, the Arab League and Turkey have all imposed sanctions on Syria with the most recent round of EU sanctions approved on June 15, 2012. The latest Regulationscontribute to these concerted international efforts to further isolate and increase the pressure on the regime, and to erode its capacity for repression, while signalling Canada’s support for the people of Syria. Syria is already starting to feel the effects of international sanctions.

The Regulationsmay affect Canadians or Canadian companies that conduct business with designated entities or that export any goods set out in Schedule 2 to the Regulations or associated technical data to Syria. However, with the existing prohibitions on financial services between Canada and Syria, the new measures are not expected to have a significant additional impact on Canadians or Canadian companies. Moreover, the Minister of Foreign Affairs is authorized to issue permits to allow those affected by the Regulations to undertake activities that would otherwise be prohibited.

8. Implementation and enforcement

Compliance is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. Every person who contravenes section 3 or 4 of the Regulations is liable, upon conviction, to the punishments set out in section 8 of the Special Economic Measures Act.

9. 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

Mark Bailey
Senior Advisor, Syria and Iran
Middle East and Maghreb Relations Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-3022
Fax: 613-944-7975
Email: mark.bailey@international.gc.ca

Footnote a
S.C. 1992, c. 17

Footnote 1
SOR/2011-114