Vol. 148, No. 8 — April 9, 2014
SOR/2014-62 March 19, 2014
SPECIAL ECONOMIC MEASURES ACT
Regulations Amending the Special Economic Measures (Russia) Regulations
P.C. 2014-290 March 19, 2014
Whereas the Governor in Council is of the opinion that the actions of the Russian Federation constitute 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 (Russia) Regulations.
REGULATIONS AMENDING THE SPECIAL ECONOMIC MEASURES (RUSSIA) REGULATIONS
1. Item 3 of the schedule to the Special Economic Measures (Russia) Regulations (see footnote 1) is replaced by the following:
3. Valentina Ivanovna MATVIYENKO
2. The schedule to the Regulations is amended by adding the following after item 7:
8. Viktor Alekseevich OZEROV
9. Vladimir Michailovich DZHABAROV
10. Nikolai Ivanovich RYZHKOV
11. Evgeni Viktorovich BUSHMIN
12. Aleksandr Borisovich TOTOONOV
13. Oleg Evgenevich PANTELEEV
14. Sergei Mikhailovich MIRONOV
15. Sergei Vladimirovich ZHELEZNYAK
16. Aleksandr Viktorovich VITKO
17. Anatoliy Alekseevich SIDOROV
18. Aleksandr GALKIN
APPLICATION PRIOR TO PUBLICATION
Statutory Instruments Act
3. 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
4. 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.)
Russia has deployed significant military forces to the Ukrainian province of Crimea, beyond the scope of its basing arrangements with Ukraine and in clear violation of Ukraine’s sovereignty and territorial integrity.
A week before Ukraine’s President, Viktor Yanukovych, was to sign an association agreement and free trade deal with the European Union (the EU) in November 2013, the Ukrainian government unexpectedly announced that it was suspending all preparations to sign the agreement. Instead, President Yanukovych announced that Ukraine would strengthen ties with Russia. Russia had threatened economic sanctions against Ukraine if it signed a deal with the EU.
In response, more than half a million Ukrainians took to the streets to protest. In December 2013, the Ukrainian government announced a deal with Russia that included $15 billion in loans and gas subsidies. This announcement generated a fresh wave of protests. The Yanukovych government used violence and repression in an attempt to suppress the protests. Activists were beaten, kidnapped and tortured. The Russian government encouraged and supported these measures. On three occasions, President Yanukovych flew to Russia to coordinate his actions with Russian President Vladimir Putin.
As the protests escalated, Ukrainian security forces fired on protesters with assault rifles and sniper rifles using live ammunition. On February 20, 2014, alone, more than 80 Ukrainians died and thousands more were injured. On February 22, 2014, the Ukrainian Parliament voted to impeach President Yanukovych. That same night, he fled Kyiv to take refuge in Russia.
The unit most responsible for the February 20, 2014, killings was the Berkut special police unit. Berkut snipers were filmed shooting protesters, including with sniper rifles. On March 1, 2014, Russia announced that it would give Russian citizenship to Berkut officers and, in a public ceremony, presented some with Russian passports.
On February 27, 2014, in Simferopol, the capital of the Ukrainian province of Crimea, uniformed and heavily armed men seized government buildings and the provincial Parliament. They had removed their insignia and were wearing masks, but their uniforms and equipment strongly suggested that they were Russian soldiers. Acting Ukrainian President Turchynov said that he had placed Ukraine’s armed forces on full readiness because of the threat of “potential aggression.”
On February 28, 2014, Russian troops occupied Crimea’s airports and other strategic facilities while more Russian troops arrived by aircraft. Ukraine’s Interior Minister described the situation as a “military invasion and occupation.”
On March 1, 2014, the Russian troop presence intensified at key locations in the province of Crimea. President Putin asked the Russian Parliament for approval to send troops to Ukraine, without limiting the request to Crimea only, saying that troops were needed to protect Russian lives. Parliament granted his request. Ukraine’s interim President Oleksandr Turchynov accused Russia of aggression, saying Moscow was “trying to provoke” Kyiv into an “armed conflict.”
By March 2, 2014, Russia reportedly had more than 6 000 troops in Crimea, and Ukraine appealed for international help. In response, the G7 suspended preparations for the G8 Summit in Sochi, Russia, scheduled for June 2014.
Between March 2, 2014, and March 14, 2014, Russian forces steadily took operational control of the Crimean peninsula, capturing key installations and chokepoints, and increasing their troop presence to an estimated 20 000.
With the Crimean provincial legislature under Russian military control, the legislature’s Speaker announced legislators had passed a vote of non-confidence in the provincial government of Crimea. The Speaker also announced that legislators had voted to appoint Serhiy Aksyonov as the new prime minister of Crimea. On March 6, 2014, the self-appointed Crimean Parliament adopted a resolution declaring its unanimous decision to become part of Russia, and set a referendum on this question for March 16, 2014.
On March 16, 2014, the referendum was held in Crimea while the province was under the control of an illegal and coercive Russian military presence, resulting in an announced vote of 98.77% in favour of Crimea becoming a subject of the Russian Federation. The following day, members of Crimea’s self-appointed Parliament travelled to Moscow to begin negotiations on accession.
On March 17, 2014, acting in coordination with the United States and the European Union, the Governor in Council passed regulations imposing unilateral 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 Regulations Amending the Special Economic Measures (Russia) Regulations (the Regulations) add 11 individuals to the list of designated persons subject to targeted economic sanctions, for violating international law by violating the sovereignty and territorial integrity of Ukraine.
The Regulations add 11 individuals to the list of designated persons under the Special Economic Measures (Russia) Regulations. 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 non-governmental 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 that Canada is extremely concerned about the situation in Crimea. The measures in the Regulations target individuals in positions of power who are responsible for Russia’s military intervention on the territory of Ukraine, in contravention of Russia’s international obligations.
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.
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