ARCHIVED — Special Economic Measures (Zimbabwe) Regulations

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Registration

SOR/2008-248  September 4, 2008

SPECIAL ECONOMIC MEASURES ACT

P.C. 2008-1588  September 4, 2008

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

Therefore, Her 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 Special Economic Measures (Zimbabwe) Regulations.

SPECIAL ECONOMIC MEASURES
(ZIMBABWE) REGULATIONS

 

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“arms and related materials”
« armes et matériel connexe »

“arms and related materials” means any type of weapons, ammunition, military vehicle or military or paramilitary equipment, and includes their spare parts.

“designated person”
« personne désignée »

“designated person” means a person whose name is listed in the schedule in accordance with section 2.

“Minister”
« ministre »

“Minister” means the Minister of Foreign Affairs.

“technical assistance”
« aide technique »

“technical assistance” means any form of assistance and includes instruction, training, consulting services, technical advice and the transferring or communicating of know-how or technical data.

“Zimbabwe” « Zimbabwe »

“Zimbabwe” includes

(a) any political subdivision of Zimbabwe;
(b) the government, and any department, of Zimbabwe or of a political subdivision of Zimbabwe; and
(c) any agency of Zimbabwe or of a political subdivision of Zimbabwe.

   
 

LIST

Designated person

2. A person whose name is listed in the schedule is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is

(a) a former or current senior official of the Government of Zimbabwe, the Zimbabwe African National Union — Patriotic Front or a successor to either of the foregoing;
(b) an associate or family member of a person set out in paragraph (a);
(c) an entity owned or controlled by, or acting on behalf of a person set out in paragraph (a) or (b);
(d) an entity owned or controlled by, or acting on behalf of the Government of Zimbabwe, the Zimbabwe African Nation Union — Patriotic Front or a successor to either of the foregoing;
(e) a person engaged in activities that seriously undermine democracy, respect for human rights and the rule of law in Zimbabwe; or
(f) a senior official of an entity referred to paragraph (e).

   
 

PROHIBITIONS

Export

3. Subject to section 13, no person in Canada and no Canadian outside Canada shall export, sell, supply or ship arms and related material, wherever situated, to Zimbabwe or to any person in Zimbabwe.

   

Carriage of arms and related material

4. Subject to section 13, no owner or master of a Canadian vessel, within the meaning of section 2 of the Canada Shipping Act, 2001, and no operator of an aircraft registered in Canada shall carry, cause to be carried or permit to be carried, arms and related materials, wherever situated, destined for Zimbabwe or any person in Zimbabwe.

   

Services

5. Subject to section 13, no person in Canada and no Canadian outside Canada shall provide any person in Zimbabwe with technical or financial assistance, technical or financial services or brokerage or other services related to the supply, sale, transfer, manufacture or use of arms and related materials.

   

Assets freeze

6. No person in Canada and no Canadian outside Canada shall

(a) deal, directly or indirectly, in any property of a designated person, including funds derived or generated from property that is owned or controlled, directly or indirectly, by that person;
(b) enter into or facilitate, directly or indirectly, any financial transaction related to a dealing referred to in paragraph (a);
(c) provide any financial or other related service in respect of the property referred to in paragraph (a); or
(d) make any property or any financial or other related service available, directly or indirectly, to or for the benefit of a designated person.

   

Landing in Canada

7. No person shall land in Canada, or fly over Canada, an aircraft that is registered in Zimbabwe, except if landing in Canada is necessary to safeguard human life.

   

Assistance in committing a prohibited act

8. No person in Canada and no Canadian outside Canada shall do anything that causes, assists or promotes or is intended to cause, assist or promote any act or thing prohibited by sections 3 to 7.

   
 

DUTY TO DETERMINE

Determination

9. Each of the following entities must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a designated person:

(a) authorized foreign banks, as defined in section 2 of the Bank Act, in respect of their business in Canada or banks to which that Act applies;
(b) cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act;
(c) foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada;
(d) companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act;
(e) fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities engaged in the business of insuring risks that are regulated by a provincial Act;
(f) companies to which the Trust and Loan Companies Act applies;
(g) trust companies regulated by a provincial Act;
(h) loan companies regulated by a provincial Act; and
(i) entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services.

   
 

DISCLOSURE

Report

10. (1) Every person in Canada and every Canadian outside Canada shall disclose without delay to the Commissioner of the Royal Canadian Mounted Police

(a) the existence of property in their possession or control that they have reason to believe is owned or controlled, directly or indirectly, by a designated person or by an entity owned or controlled by a designated person; and
(b) information about a transaction or proposed transaction in respect of property referred to in paragraph (a).

   

Immunity

(2) No person contravenes subsection (1) by disclosing in good faith under that subsection.

   
 

APPLICATION TO NO LONGER BE A DESIGNATED PERSON

Application

11. (1) A designated person may apply in writing to the Minister to request to have their name removed from the schedule.

   

Decision

(2) On receipt of a written application, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the schedule.

   

Presumption

(3) If the Minister does not make a decision on the application within 60 days after the day on which the application is received, the Minister is deemed to have decided to recommend that the applicant remain a designated person.

   

Notice

(4) The Minister shall give notice without delay to the applicant of any decision made or deemed to have been made.

   

New application

(5) If there has been a material change in circumstances since the last application was submitted, a person may make another application under subsection (1).

   
 

APPLICATION FOR A CERTIFICATE

Mistaken identity

12. (1) A person claiming not to be a designated person may apply to the Minister in writing for a certificate stating that they are not the person who has been designated under section 2.

   

Certificate—time frame

(2) If it is established that the person is not a designated person, the Minister shall issue a certificate to the applicant within 15 days after the day on which the application is received.

   
 

EXCEPTIONS

Exceptions

13. (1) Sections 3 to 5 do not apply with respect to

(a) supplies of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance and training;
(b) supplies of protective clothing and equipment, including flak jackets and military helmets, for the personal use of United Nations or African Union personnel, representatives of the media and humanitarian and development workers and associated personnel;
(c) firearms and related ammunition and accessories in respect of which a temporary export permit has been granted under the Export and Import Permit Act prior to the coming into force of this paragraph; and
(d) a member of the Canadian Forces who is in or travels to Zimbabwe in the performance of official duties, including providing security to Canadian embassy staff, providing humanitarian assistance, or engaging in other activities authorized by the Chief of the Defence Staff.

   

Financial support

(2) Section 6 does not apply with respect to financial or other support provided by the Government of Canada in connection with internationally or regionally mandated or sanctioned negotiations for a political settlement in Zimbabwe.

   
 

APPLICATION PRIOR TO PUBLICATION

Application

14. For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply according to their terms before they are published in the Canada Gazette.

   
 

COMING INTO FORCE

Registration

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

SCHEDULE
(Sections 1 and 2 and subsections 11(1) and (3) and 12(1))

1. Robert Gabriel Mugabe (date of birth: February 21, 1924)

2. Joseph Msika (date of birth: December 6, 1923)

3. Joyce Mujuru (date of birth: April 15, 1955)

4. Flora Buka (date of birth: February 25, 1968)

5. Aeneas Soko Chigwedere (date of birth: November 25, 1939)

6. Chenhamo Chakezha Chimutengwende (date of birth: August 28, 1943)

7. Patrick Anthony Chinamasa (date of birth: January 25, 1947)

8. Edward Chindori-Chininga (date of birth: March 14, 1955)

9. Tongesai Shadreck Chipanga (date of birth: October 10, 1946)

10. Ignatius Morgan Chiminya Chombo (date of birth: August 1, 1952)

11. Nicholas Goche (date of birth: August 1, 1946)

12. Rugare Aleck Ngidi Gumbo (date of birth: March 8, 1940)

13. Tichaona Joseph Benjamin Jokonya (date of birth: December 27, 1938)

14. Christopher Tichaona Kuruneri (date of birth: April 4, 1949)

15. Joseph Mtakwese Made (date of birth: November 21, 1954)

16. Elliot Tapfumanei Manyika (date of birth: July 30, 1955)

17. Amos Bernard Muvenga Midzi (date of birth: July 4, 1952)

18. Emmerson Dambudzo Mnangagwa (date of birth: September 15, 1946)

19. Kembo Campbell Dugishi Mohadi (date of birth: November 15, 1949)

20. Jonathan Nathaniel Moyo (date of birth: January 12, 1957)

21. July Gabarari Moyo (date of birth: May 7, 1950)

22. Obert Moses Mpofu (date of birth: October 12, 1951)

23. Olivia Nyembezi Muchena (date of birth: August 18, 1946)

24. Oppah Chamu Zvipange Muchinguri (date of birth: December 14, 1958)

25. Stan Isaak Gorerazvo Mudenge (date of birth: December 17, 1941)

26. Samuel Creighton Mumbengegwi (date of birth: October 23, 1942)

27. Simbarashe Simbanenduku Mumbengegwi (date of birth: July 20, 1945)

28. Herbert Muchemwa Murerwa (date of birth: July 31, 1941)

29. Christopher Chindoti Mushohwe (date of birth: February 6, 1954)

30. Didymus Noel Edwin Mutasa (date of birth: July 27, 1935)

31. Munacho Thomas Alvar Mutezo (date of birth: February 14, 1954)

32. Ambrose Mutinhiri (date of birth: February 22, 1944)

33. Sikhanyiso Duke Ndlovu (date of birth: May 4, 1937)

34. Sylvester Robert Nguni (date of birth: August 4, 1955)

35. Francis Dunstan Chenayimoyo Nhema (date of birth: April 17, 1959)

36. Michael Reuben Nyambuya (date of birth: July 23, 1955)

37. Sithembiso Gile Gladys Nyoni (date of birth: September 20, 1949)

38. David Pagwese Parirenyatwa (date of birth: August 2, 1950)

39. Sydney Tigere Sekeramayi (date of birth: March 30, 1944)

40. Webster Kotiwani Shamu (date of birth: June 6, 1945)

41. Samuel Udenge

42. David Chapfika (date of birth: April 7, 1957)

43. George Charamba (date of birth: April 4, 1963)

44. Phineas Chihota (date of birth: November 23, 1950)

45. Abigail Damasane (date of birth: May 27, 1952)

46. Lazarus Dokora

47. Aguy Georgias

48. Saviour Kasukuwere (date of birth: October 23, 1970)

49. Andrew Langa (date of birth: January 13, 1965)

50. Jaison Max Kokerai Machaya (date of birth: June 13, 1952)

51. Shuvai Ben Mahofa (date of birth: April 4, 1941)

52. Titus Hatlani Maluleke

53. Reuben Marumahoko (date of birth: April 4, 1948)

54. Joel Biggie Matiza (date of birth: August 17, 1960)

55. Bright Matonga (date of birth: circa 1969)

56. Obert Matshalaga (date of birth: April 21, 1951)

57. Melusi Mike Matshiya

58. Partson Mbiriri

59. Tobaiwa Tonneth Mudede (date of birth: December 22, 1942)

60. Edwin Muguti (date of birth: May 2, 1964)

61. Tracey Mutinhiri

62. Kenneth Kaparadza Mutiwekuziva (date of birth: May 27, 1948)

63. Walter Mzembi

64. Abedinico Ncube (date of birth: October 13, 1954)

65. Hubert Magadzire Nyanhongo

66. Tinos Rusere (date of birth: May 10, 1945)

67. Morris Sakabuya

68. Isaiah Masvayamwando Shumba (date of birth: January 3, 1949)

69. Mishek Sibanda

70. Timothy Stamps (date of birth: October 15, 1936)

71. Patrick Zhuwao (date of birth: May 23, 1967)

72. Cold Comfort Farm Trust Co-Operative

73. Jongwe Printing and Publishing Company

74. ZIDCO Holdings

75. Zimbabwe Defence Industries Pvt Ltd.

76. Michael Chakanaka Bimha

77. Joseph Chinotimba

78. Miriai Chiremba

79. Pirirayi Deketeke

80. Tshinga Judge Dube (date of birth: July 3, 1941)

81. Gideon Gono (date of birth: November 29, 1959)

82. Munyaradzi Kereke

83. Tafataona P. Mahoso

84. Kenneth Vhundukai Manyonda (date of birth: August 10, 1934)

85. Justin Mutasa

86. Herbert Nkala

87. Brig. Gen. Douglas Nyikayaramba

88. Jabulani Sibanda (date of birth: December 31, 1970)

89. Fred Zindi

90. Fortune Zefanaya Charumbira (date of birth: June 10, 1962)

91. Alice Chimbudzi

92. Victoria Chitepo (date of birth: March 27, 1928)

93. Dumiso Dabengwa (date of birth: December 6, 1939)

94. Sobuza Gula-Ndebele (date of birth: August 12, 1954)

95. Richard Hove (date of birth: September 23, 1939)

96. Munyaradzi Huni

97. Kumbirai Kangai (date of birth: February 17, 1938)

98. Thenjiwe Lesabe (date of birth: January 5, 1933)

99. Edna Madzongwe (date of birth: July 11, 1943)

100. Joshua Malinga (date of birth: April 28, 1944)

101. Fidelian Maphosa

102. Dzikamai Mavhaire

103. Gilbert Moyo

104. Headman Moyo

105. Musa Moyo

106. Simon Khaya Moyo (date of birth: October 1, 1945)

107. Leo Mugabe (date of birth: August 28, 1962)

108. Sabina Mugabe (date of birth: October 14, 1934)

109. Solomon Tapfumaneyi Ruzambo Mujuru (date of birth: May 1, 1949)

110. Tsitsi Muzenda

111. Naison Ndlovu (date of birth: October 22, 1930)

112. Richard Ndlovu (date of birth: June 26, 1942)

113. John Landa Nkomo (date of birth: August 22, 1934)

114. George Nyathi

115. Bharat Patel

116. Khantibhal Patel (date of birth: October 28, 1928)

117. Selina M. Pote

118. Stanley Sakupwanya (date of birth: circa 1945)

119. Eunice Sandi

120. Tendai Savanhu (date of birth: March 21, 1968)

121. Nathan Marwirakuwa Shamuyarira (date of birth: September 29, 1928)

122. Absolom Sikhosana

123. Solomon Chirume Tawengwa (date of birth: June 15, 1940)

124. Jabulani Tshawe

125. Charles Utete (date of birth: October 30, 1938)

126. Vitalis Zvinavashe (date of birth: September 27, 1943)

127. Abu Basutu

128. Happyton Bonyongwe (date of birth: November 6, 1960)

129. Wayne Bvudzijena

130. Augustine Chihuri (date of birth: March 10, 1953)

131. Constantine Chiwenga (date of birth: August 25, 1956)

132. Thomsen Jangara

133. Musarahana Mabunda

134. Barbara Mandizha (date of birth: October 24, 1959)

135. Godwin Matanga (date of birth: February 5, 1962)

136. Innocent Matibiri (date of birth: October 9, 1968)

137. Bothwell Mugariri

138. Munyaradzi Musariri

139. Elisha Muzonzini (date of birth: June 24, 1957)

140. Perence Shiri (date of birth: November 1, 1955)

141. Levy Sibanda

142. Phillip Valentine Sibanda (date of birth: August 25, 1956)

143. Innocent Tonderai Matibiri

144. Edmore Veterai

145. Paradzai Zimondi (date of birth: March 4, 1947)

146. George Chiweshe (date of birth: June 4, 1953)

147. Joyce Kazembe

148. Lovemore Sekeramayi

149. Abina Chapfika (date of birth: August 23, 1961)

150. Monica Chinamasa (date of birth: 1950)

151. Gamuchirai Chinamasa (date of birth: November 11, 1991)

152. Jocelyn Chiwenga

153. Ever Chombo (date of birth: September 20, 1956)

154. Marian Chombo (date of birth: August 11, 1960)

155. Hellin Mushanyuri Gono (date of birth: May 6, 1962)

156. Natasha Muchinguri (date of birth: 1994)

157. Tanya Muchinguri (date of birth: 1989)

158. Grace Mugabe (date of birth: July 23, 1965)

159. Rose Jaele Ndlovu (date of birth: September 27, 1939)

160. Georgina Ngwenya Nkomo (date of birth: August 4, 1966)

161. Louise S. Nkomo/aka Louise Sehulle Nhema (date of birth: August 25, 1964)

162. Peter Baka Nyoni (date of birth: January 10, 1950)

163. Tsitsi Chihrui Sekeramayi (date of birth: 1944)

164. Tinaye Elisha Chigudu (date of birth: August 13, 1942)

165. Willard Chiwewe (date of birth: March 19, 1949)

166. Josaya Dunira Hungwe (date of birth: November 7, 1935)

167. Ray Joseph Kaukonde (date of birth: March 4, 1963)

168. David John Mafa

169. Sekesai Makwavarara

170. Ephraim Sango Masawi

171. Angeline Masuku (date of birth: October 14, 1936)

172. Cain Ginyilitshe Ndabazekhaya Mathema (date of birth: January 28, 1948)

173. Thokozile Mathuthu

174. Rido Mpofu

175. Cephas George Msipa (date of birth: July 7, 1931)

176. Nelson Tapera Crispin Samkange

177. Cesar Zvayi

178. Rudo Grace Charamba (date of birth: June 20, 1964)

179. Ijeoma Dabengwa (date of birth: October 27, 1971)

180. Ruth Chipo Murerwa (date of birth: July 27, 1947)

181. Beauty Lily Zhuwao (date of birth: January 10, 1965)

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations and of the Order.)

Issue and objectives

Zimbabwe has been in serious decline for a decade; however, events since March 2008, including a marked escalation in human rights violations and violence directed at the political opposition, a stolen election, the denial of a peaceful democratic transition and a worsening humanitarian situation have taken the crisis to a new level.

The Special Economic Measures (Zimbabwe) Regulations impose targeted economic sanctions against Zimbabwe in response to the gravity of the crisis in Zimbabwe in order to send a strong message that ZANU-PF cannot act in this undemocratic manner with impunity and to encourage Robert Mugabe and ZANU-PF to negotiate with the opposition to reach a resolution to the crisis reflecting the will of the electorate. As such, Canada joins like-minded states in implementing measures holding the Government of Zimbabwe accountable for its actions while minimizing harm to the Zimbabwean people.

Description and rationale

The Regulations consist of measures imposed pursuant to section 4 of the Special Economic Measures Act (SEMA). In the opinion of the Governor in Council, the situation in Zimbabwe constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis.

The measures implemented by the Regulations consist of:

  • a ban on the export of arms and related material to Zimbabwe;
  • a prohibition on the transport of arms and related material to Zimbabwe aboard a Canadian vessel or aircraft;
  • a prohibition on the provision of technical or financial assistance or services relating to arms and related material, including the provision, transfer or communication of technical data, to Zimbabwe or any person in Zimbabwe;
  • a requirement on any person in Canada and Canadian outside of Canada to freeze the assets of listed Zimbabwean persons and entities;
  • a prohibition on Zimbabwean aircraft from flying over or landing in Canada.

Under the Regulations, the Governor in Council may approve and list on a schedule to the Regulations the names of persons there are reasonable grounds to believe are connected with the Government of Zimbabwe. The Regulations provide a review mechanism to remove names from the schedule upon receipt of an application from a designated person.

The measures implemented by the Regulations add to a series of measures that Canada already has against Zimbabwe, including:

  • a policy ban on the export of military goods
  • travel restrictions in Canada on senior Zimbabwean officials, and their families
  • a call for Canadian companies to voluntarily divest from Zimbabwe.

A separate order made pursuant to subsection 4(4) of the Special Economic Measures Act authorizes the Minister of Foreign Affairs to issue to any person in Canada and any Canadian outside Canada a permit to carry out a specified activity or transaction, or any class of activity of transaction, that is restricted or prohibited pursuant to the Regulations.

In the absence of the UN Security Council Resolution calling for sanctions, the Special Economic Measures Act is the appropriate legislative authority for the implementation of these measures. The adoption of the Regulations demonstrates that Canada abhors the stealing of the election, the prevention of a peaceful transition to a democratically elected government and the deteriorating human rights and humanitarian situation in Zimbabwe. The targeted sanctions are designed to limit the impact on the Zimbabwean public who are already suffering as a result of the economic and humanitarian situation to target those in positions of power in Zimbabwe.

The Regulations are not anticipated to harm the currently minimal Canadian trade with Zimbabwe. Exports to Zimbabwe were valued at $5 million in 2007 and imports at $3.1 million.

There are no new costs associated with imposing targeted sanctions against Zimbabwe.

Consultation

Foreign Affairs and International Trade Canada drafted the Regulations in collaboration with the Department of Justice, the Department of Finance, the Office of the Superintendent of Financial Institutions, the Royal Canadian Mounted Police, the Canada Border Services Agency, the Canadian International Development Agency, Transport Canada, the Canadian Security Intelligence Service, the Department of National Defence, and the Treasury Board Secretariat.

Implementation, enforcement and service standards

Compliance is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. Every person who contravenes provisions of the Regulations is liable, upon conviction, to the punishments set out in section 8 of the Special Economic Measures Act (a fine not exceeding $25,000 and/or a maximum of one year imprisonment for summary offences, or a maximum of five years imprisonment for indictable offences).

Contact s

Lisa Stadelbauer
Director
Eastern and Southern Africa Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-6585
Fax: 613-944-7432
Email: Lisa.Stadelbauer@international.gc.ca

Carolyn Knobel
Deputy Director
United Nations, Human Rights and Economic Law Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-1599
Fax: 613-992-2467
Email: Carolyn.Knobel@international.gc.ca

Sabine Nölke
Director
United Nations, Human Rights and Economic Law Division
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-992-6296
Fax: 613-992-2467
Email: Sabine.Nolke@international.gc.ca

Footnote a
S.C. 1992, c. 17