Vol. 148, No. 9 — April 23, 2014
SOR/2014-93 April 12, 2014
SPECIAL ECONOMIC MEASURES ACT
Regulations Amending the Special Economic Measures (Ukraine) Regulations
P.C. 2014-463 April 12, 2014
Whereas the Governor in Council is of the opinion that the situation in Ukraine 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 (Ukraine) Regulations.
REGULATIONS AMENDING THE SPECIAL ECONOMIC MEASURES (UKRAINE) REGULATIONS
1. (1) Paragraph 2(a) of the Special Economic Measures (Ukraine) Regulations (see footnote 1) is replaced by the following:
- (a) a person engaged in activities that directly or indirectly facilitate, support, provide funding for or contribute to a violation or attempted violation of the sovereignty or territorial integrity of Ukraine;
(2) Section 2 of the Regulations is amended by striking out “or” at the end of paragraph (c) and by replacing paragraph (d) with the following:
- (d) an entity whose ownership or control was purported to be altered by a person who has violated or attempted to violate the sovereignty or territorial integrity of Ukraine; or
- (e) a senior official of an entity engaged in activities described in paragraph (a) or of an entity described in paragraph (c) or (d).
2. The schedule to the Regulations is amended by adding the following after the heading “PERSONS”:
3. The schedule to the Regulations is amended by adding the following after item 9:
- 10. Mikhail MALYSHEV
- 11. Valery MEDVEDEV
APPLICATION PRIOR TO PUBLICATION
Statutory Instruments Act
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
5. 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.)
Ukrainian officials, party members, and other individuals and entities, working in concert with the Russian Federation government and military forces, have illegally annexed the Crimean peninsula and seized Ukrainian government assets. They have supported, or continue to facilitate, Russian military action against the Ukrainian government and military inside Crimea, violating Ukraine’s sovereignty and territorial integrity.
Beginning in November 2013, former Ukrainian President Viktor Yanukovych attempted to consolidate his waning power and suppress dissent through harsh measures, including the use of deadly force. In response to popular protests, and as widely reported in the media, the Yanukovych government escalated the use of violence and other forms of repression to include the use of live rounds against protesters and other forms of violence resulting in over 100 deaths.
In late January 2014, Yanukovych and key members of his region ultimately fled from Kyiv to Russia. A new interim government was formed which Yanukovych, stationed in Russia, refused to recognize. Yanukovych called on Russia to take steps to overthrow the new government in Kyiv. In doing so, Yanukovych and several members of his former regime incited calls from inside and outside Ukraine in favour of Russian military intervention.
In early March 2014, Russian military forces took operational control of the Crimean peninsula, including capturing government buildings and the Crimean Parliament, naval and other military installations, Simferopol airport, as well as access points to the peninsula. Russia increased its troop presence to an estimated 20 000 soldiers while at the same time denying that the forces were Russian.
On March 6, 2014, the Russian-controlled Crimean Parliament adopted a resolution declaring its unanimous decision to become part of Russia, and set a referendum on this question, which took place on March 16, 2014. The Ukrainian Ministry of Justice has underlined the illegality of the referendum, and noted that, according to the Ukrainian constitution, only national referendums are permitted.
The referendum in Crimea was held while the province was under the control of an illegal and coercive Russian military presence. The Russian-controlled legislature announced that 97% of the population voted in favour of Crimea becoming a subject of the Russian Federation. The following day, members of the legislature travelled to Moscow to begin the process of accession.
Since the referendum and subsequent illegal annexation of the Crimean peninsula, Crimean authorities have seized control of Ukrainian government assets and expropriated two major natural-resource companies. They have also passed resolutions to expropriate the property of 131 enterprises, institutions and organizations in the agro-industrial sector, as well as additional firms and entities in the forest and hunting sectors.
On March 17, 2014, acting in coordination with the United States and the European Union, the Governor in Council passed regulations imposing sanctions on Ukraine and Russia, after finding that the situation with respect to Crimea constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis. The Governor in Council passed further amendments to the Regulations on March 18 and 21, 2014.
The Regulations Amending the Special Economic Measures (Ukraine) Regulations (the Regulations) amend section 2 of the Regulations and add two individuals and one entity to the schedule.
The Regulations amend section 2 of the Special Economic Measures (Ukraine) Regulations, which describes who may be listed as a designated person. This includes broadening subsection 2(a) to include persons whose activities have directly or indirectly facilitated, supported, provided funding for or contributed to a violation or attempted violation of the sovereignty or territorial integrity of Ukraine. This amended category continues to capture all designations that fell within the description in subsection 2(a) prior to these Regulations.
Section 2 is also amended to introduce a new category, namely, entities whose ownership or control was purported to be altered by a person who has violated or attempted to violate the sovereignty or territorial integrity of Ukraine. Additional amendments to section 2 will provide for the listing of senior officials of such entities.
The Regulations also add two individuals and one entity to the schedule. Any person in Canada and any Canadian outside Canada are prohibited from
- dealing in any property, wherever situated, held by or on behalf of a designated person;
- entering into or facilitating, directly or indirectly, any transaction related to such a dealing;
- providing any financial or related service in respect of such a dealing;
- making goods, wherever situated, available to a designated person; and
- providing any financial or related service to or for the benefit of a designated person.
Exceptions to the above-noted prohibitions are available for the following:
- Payments made by or on behalf of designated persons pursuant to contracts entered into prior to the coming into force of the Regulations, provided that the payments are not made to or for the benefit of a designated person;
- Pension payments to any person in Canada or any Canadian outside Canada;
- Transactions in respect of accounts at financial institutions held by diplomatic missions, provided that the transaction is required in order for the mission to fulfill its diplomatic functions under the Vienna Convention on Diplomatic Relations, or, transactions required in order to maintain the mission premises if the diplomatic mission has been temporarily or permanently recalled;
- Transactions by international organizations with diplomatic status, agencies of the United Nations, the International Red Cross and Red Crescent Movement, or Canadian nongovernmental organizations that have entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development;
- Transactions necessary for a Canadian to transfer to a non-designated person any accounts funds or investments of a Canadian held by a designated person on the day on which that person became designated;
- Financial services required in order for a designated person to obtain legal services in Canada with respect to the application of any of the prohibitions in the Regulations; and
- Loan repayments made to any person in Canada or any Canadian abroad in respect of loans entered into before the coming into force of the Regulations, enforcement of security in respect of those loans, or payments by guarantors guaranteeing those loans.
The “One-for-One” Rule applies to this proposal, as there are minimal administrative costs to business, because of the reporting requirement. However, the administrative burden associated with these Regulations is carved out from the “One-for-One” Rule as they address unique, exceptional circumstances.
Small business lens
The small business lens does not apply to this proposal, as there are no costs (or insignificant costs) on small business, and small businesses would not be disproportionately affected.
Foreign Affairs, Trade and Development Canada drafted the Regulations in consultation with the Department of Justice and Citizenship and Immigration Canada.
The measures contained in the Regulations demonstrate Canada’s concern about the continuing violation of Ukraine’s sovereignty and territorial integrity.
Implementation, enforcement and service standards
Canada’s sanctions regulations are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency. In accordance with section 8 of the Special Economic Measures Act, every person who wilfully contravenes these Regulations is liable upon summary conviction to a fine of not more than $25,000 or to imprisonment for a term of not more than one year or to both, or upon conviction on indictment, to imprisonment for a term of not more than five years.
East/Southeast Europe Bilateral and Commercial Relations
Foreign Affairs, Trade and Development Canada
125 Sussex Drive