ARCHIVED — Regulations Amending the Special Economic
Measures (Syria) Regulations

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Vol. 145, No. 18 — August 31, 2011

Registration

SOR/2011-166 August 11, 2011

SPECIAL ECONOMIC MEASURES ACT

P.C. 2011-892 August 11, 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. Part 1 of the schedule to the Special Economic Measures (Syria) Regulations (see footnote 1) is amended by adding the following after item 7:

8. Commercial Bank of Syria

9. Syriatel

2. Item 3 in Part 2 of the schedule to the English version of the Regulations is replaced by the following:

3. Adel Safar

3. Item 13 in Part 2 of the schedule to the Regulations is replaced by the following:

13. Abd-al-Fattah Qudsiyah

4. Item 17 in Part 2 of the schedule to the Regulations is replaced by the following:

17. Munzir al-Assad

5. Part 2 of the schedule to the Regulations is amended by adding the following after item 25:

26. Mohammad Mufleh

27. Tawfiq Younes

28. Mohammed Makhlouf

29. Ayman Jabir

APPLICATION PRIOR TO 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

Protests for democratic reforms have been ongoing in various cities across Syria since March 15, 2011. The Syrian Government’s violent crackdown on peaceful protesters has led to many civilian deaths and injuries. More than 1 700 people have been killed, and the death toll continues to rise. Thousands of civilians have been detained arbitrarily and there are credible reports of summary executions and torture. Many humanitarian and human rights organizations have expressed concerns over access to medical care, food, water, and electricity. To date, Syria has refused access to international humanitarian organizations which raises serious humanitarian concerns.

Over the past several weeks, protest activity has continued to grow in strength and to spread across Syria, particularly in Hama. The Syrian authorities have continued to respond to peaceful protests with force, and the death toll has steadily mounted. Arrests, intimidation and ‘disappearances’ have continued apace. With neither side showing any sign of backing down, there is no immediate end to the crisis in sight. The national dialogue process has yet to show substance as the initial formal session was boycotted by most oppositionists and stacked with regime nominees. The government continues to promise reform but delivers nothing.

The violent crackdown in Syria has caused a grave breach of international peace and security that is likely to result in a serious international crisis. As the crackdown continues, there is a risk that additional army units could defect from the regime, and that the situation could deteriorate into a sectarian conflict, with a number of negative consequences including the mass exodus of refugees into neighbouring countries. The Syrian crackdown threatens to cast a chill on the “Arab Spring” in the Middle East region as it encourages other regimes to resort to the use of force against people peacefully protesting for democracy and deters people from demonstrating.

The amendments to the Special Economic Measures (Syria) Regulations impose sanctions on four additional individuals, and two additional entities, who are instrumental in carrying out the abhorrent crackdown in Syria or who provide material support to the Assad regime. The amendments also correct the spelling of several names currently listed in the schedule to the Regulations. The imposition of sanctions on specific individuals and entities is intended to ensure that sanctions do not adversely impact the Syrian people or unnecessarily impact Canadian interests in Syria. Nevertheless, it is possible that some of the persons being designated in the Regulations may currently be doing business with Canadians and Canadian companies. Furthermore, it is impossible to predict how Syria will respond to the sanctions, which may include targeting Canadian business interests in the country.

Canada implemented targeted sanctions against the Syrian Government by enacting the Special Economic Measures (Syria) Regulations on May 24, 2011. The Regulations Amending the Special Economic Measures (Syria) Regulations are being made to impose restrictions on dealings with six additional persons and to amend the spelling of three individuals’ names already listed. Likeminded allies such as the United States and the European Union have imposed travel bans and asset freezes on these individuals.

Description and rationale

The Governor in Council has made these amendments to the Regulations 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 amendments impose restrictions on dealings with four additional individuals and two additional entities. They also correct the spelling of several names currently listed in the schedule to the Regulations.

A separate Permit Authorization 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 or transaction, with a designated person that is otherwise restricted or prohibited pursuant to the Regulations.

Consultation

The Department of Foreign Affairs and International Trade drafted the Regulations after consulting the Department of Justice, the Department of Finance, Citizenship and Immigration Canada, the Canadian International Development Agency and the Canada Border Services Agency in relation to the amendments.

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

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

Roland Legault
Deputy 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: 613-944-1599
Fax: 613-992-2467
Email: Roland.Legault@international.gc.ca

Sabine Nölke
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: Sabine.Nolke@international.gc.ca

Footnote a
S.C. 1992, c. 17

Footnote 1
SOR/2011-114