Vol. 151, No. 9 — May 3, 2017

Registration

SOR/2017-62 April 13, 2017

SPECIAL ECONOMIC MEASURES ACT

Regulations Amending the Special Economic Measures (Syria) Regulations

P.C. 2017-405 April 13, 2017

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1 Items 130 and 188 of Part 2 of Schedule 1 to the Special Economic Measures (Syria) Regulations (see footnote 1) are repealed.

2 Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 190:

Application Prior to Publication

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.)

Issues

The Regulations Amending the Special Economic Measures (Syria) Regulations (the Regulations) add 27 individuals to part 2 of Schedule 1 to the Special Economic Measures (Syria) Regulations (the Syria SEMA Regulations) and remove 2 individuals from this part of Schedule 1.

Background

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

Protests for democratic reform had been ongoing in various cities across Syria since March 15, 2011. The Syrian government’s violent crackdown on peaceful protesters led to many civilian deaths and injuries. Thousands of civilians were detained arbitrarily and there were credible reports of summary executions and torture.

Actions of the Syrian government led thousands of Syrians to flee to neighbouring countries, including Lebanon, resulting in a serious humanitarian crisis in the region. The violent crackdown in Syria and the mass exodus of refugees caused a grave breach of international peace and security that resulted in a serious international crisis. The Syria SEMA Regulations thus came into force in order to respond to the gravity of the situation in Syria.

Canada has imposed 11 rounds of economic sanctions against the Assad regime and its supporters since May 24, 2011.

The Syrian civil war has raged on since 2011. The conflict has evolved into a complex and multifaceted crisis that has drawn in global, regional and non-state actors, and created the conditions for armed opposition groups, terrorist entities and criminal elements to thrive. According to the UN, since 2011, the Syrian crisis has led to over 400 000 deaths; displaced more than 6.5 million people within Syria and forced over 4.8 million people to neighboring countries; and destroyed much of Syria’s economy and infrastructure. Over 13 million people remain in need of humanitarian assistance, with over 1 million living in besieged or hard to reach areas.

Objectives

The Regulations add 27 individuals to Schedule 1 to the Syria SEMA Regulations. Paragraph 2(a) of the Syria SEMA Regulations provides for the listing of the names of any 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 former or current senior official of the Government of Syria. These 27 individuals meet paragraph 2(a) because they are former or current senior officials of the Government of Syria.

The addition of individuals to Schedule 1 of the Regulations align with additions announced by the EU and United Kingdom to strengthen Western unity in responding to the current conflict in Syria and to demonstrate our commitment to increase the pressure on President al-Assad.

The Regulations also remove two individuals from part 2 of Schedule 1 to the Syria SEMA Regulations.

Description

The Regulations add 27 individuals to the list of persons in Schedule 1 to the Syria SEMA Regulations. As a result of this addition, any person in Canada and any Canadian outside Canada is prohibited from

Exceptions to the above-noted prohibitions are available for the following under subsection 3(2):

Finally, the Regulations also remove two individuals from the list of persons in Schedule 1 to the Syria SEMA Regulations.

“One-for-One” Rule

The “One-for-One” Rule applies to the Regulations, 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 the Regulations, as there are no costs (or insignificant costs) on small business and small businesses would not be disproportionately affected.

Consultation

Global Affairs Canada drafted the Regulations in consultation with the Department of Justice Canada.

Rationale

The measures contained in the Regulations demonstrate Canada’s concern about the current Syrian conflict, including the humanitarian situation and increase of violence.

The amendments are necessary in order to better align Canada’s sanctions regime against Syria with like-minded countries, such as the European Union and the United Kingdom.

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 or fails to comply with a regulation is guilty of an offence. Where the Crown has proceeded by way of summary conviction, this person is liable to a fine not exceeding $25,000 or to a term of imprisonment of one year or both; where the Crown has proceeded by way of indictment, this person is liable to a term of imprisonment not exceeding five years.

Contact

Sébastien Beaulieu
Executive Director
Middle East Relations Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
Telephone: 343-203-3296
Email: Sebastien.Beaulieu@international.gc.ca