Regulations Amending the Special Economic Measures (Russia) Regulations: SOR/2022-64
Canada Gazette, Part II, Volume 156, Number 8
SOR/2022-64 March 23, 2022
SPECIAL ECONOMIC MEASURES ACT
P.C. 2022-256 March 23, 2022
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, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1)footnote a, (1.1)footnote b, (2) and (3) of the Special Economic Measures Act footnote c, makes the annexed Regulations Amending the Special Economic Measures (Russia) Regulations.
Regulations Amending the Special Economic Measures (Russia) Regulations
1 (1) Paragraph 3(a) of the Special Economic Measures (Russia) Regulations footnote 1 is replaced by the following:
- (a) deal in any property, wherever situated, that is owned, held or controlled by or on behalf of a designated person whose name is listed in Schedule 1;
(2) Paragraph 3(d) of the Regulations is replaced by the following:
- (d) make available any goods, wherever situated, to a designated person listed in Schedule 1 or to a person acting on their behalf; or
2 Part 1 of Schedule 1 to the Regulations is amended by adding the following after item 560:
- 561 Alexander Konstantinovich AKIMOV (born November 10, 1954)
- 562 Anatoly Dmitriyevich ARTAMONOV (born May 5, 1952)
- 563 Elena Osipovna AVDEEVA (born July 19, 1968)
- 564 Ivan Nikolayevich ABRAMOV (born June 16, 1978)
- 565 Mikhail Alexandrovich AFANASOV (born June 15, 1953)
- 566 Mohmad Isayevich AKHMADOV (born April 17, 1972)
- 567 Oleg Alexandrovich ALEKSEEV (born December 21, 1967)
- 568 Sergei Petrovich ARENIN (born August 29, 1958)
- 569 Yelena Vladimirovna AFANASEVA (born on March 27, 1975)
- 570 Yuri Viktorovich ARKHAROV(born June 13, 1977)
- 571 Alexander Davydovich BASHKIN (born on June 10, 1962)
- 572 Alexander Yuryevich BRYKSIN (born on January 20, 1967)
- 573 Andrey Alexanderovich BAZILEVSKY (born on February 24, 1967)
- 574 Mikhail Vladimirovich BELOUSOV (born on October 11, 1953)
- 575 Mukharbek Ojbertovich BARAKHOYEV (born on January 4, 1971)
- 576 Sergei Vladimirovich BEREZKIN (born on June 23, 1955)
- 577 Sergei Vyacheslavovich BEZDENEZHNYKH (born on August 25, 1979)
- 578 Sergei Fateevich BRILKA (born on March 11, 1954)
- 579 Viktor Nikolayevich BONDAREV (born on December 7, 1959)
- 580 Vladimir Andreevich BEKETOV (born on March 29, 1949)
- 581 Yegor Afanasyevich BORISOV (born on August 15, 1954)
- 582 Yelena Vasilyevna BIBIKOVA (born on September 23, 1956)
- 583 Andrey Vladimirovich CHERNYSHEV (born on July 10, 1970)
- 584 Alexander Vladimirovich DVOINYKH (born on January 19, 1984)
- 585 Konstantin Konstantinovich DOLGOV (born on August 12, 1968)
- 586 Vadim Yevgenyevich DENGIN (born on September 23, 1980)
- 587 Gennady Yegorovich EMELYANOV (born on January 1, 1957)
- 588 Olga Nikolayevna EPIFANOVA (born on August 19, 1966)
- 589 Arsen Suleimanovich FADZAYEV (born on September 5, 1962)
- 590 Nikolai Vasilyevich FYODOROV (born on May 9, 1958)
- 591 Yury Viktorovich FEDOROV (born on January 1, 1972)
- 592 Airat Minerasokhovich GIBATDINOV (born on January 16, 1986)
- 593 Alexander Vladislavovich GUSAKOVSKY (born on August 25, 1970)
- 594 Denis Vladimirovich GUSEV (born on December 26, 1976)
- 595 Dmitry Yurievich GORITSKY (born on October 28, 1970)
- 596 Lilia Salavatovna GUMEROVA (born on December 16, 1972)
- 597 Lyubov Nikolayevna GLEBOVA (born on March 7, 1960)
- 598 Rimma Fedorovna GALUSHINA (born on May 30, 1963)
- 599 Sergei Vasilyevich GORNYAKOV (born on January 5, 1966)
- 600 Suleiman Sadulayevich GEREMEYEV (born on January 20, 1971)
- 601 Svetlana Petrovna GORYACHEVA (born on June 3, 1947)
- 602 Tatyana Anatolyevna GIGEL (born on February 27, 1960)
- 603 Vladimir Philippovich GORODETSKIY (born on July 11, 1948)
- 604 Eduard Vladimirovich ISAKOV (born on October 4, 1973)
- 605 Sergey Pavlovich IVANOV (born on April 19, 1952)
- 606 Vasily Nikolayevich IKONNIKOV (born on April 26, 1961)
- 607 Aleksey Nikolayevich KONDRATENKO (born on December 16, 1969)
- 608 Alexander Alexandrovich KARELIN (born on September 19, 1967)
- 609 Alexander Bogdanovich KARLIN (born on October 29, 1951)
- 610 Andrey Igorevich KISLOV (born on August 29, 1958)
- 611 Andrey Arkadyevich KLIMOV (born on November 9, 1954)
- 612 Andrey Viktorovich KUTEPOV (born on April 6, 1971)
- 613 Arsen Bashirovich KANOKOV (born on February 22, 1957)
- 614 Belan Bagaudinovich KHAMCHIEV (born on December 7, 1960)
- 615 Dmitry Gennadyevich KUZMIN (born on June 28, 1975)
- 616 Galina Nikolayevna KARELOVA (born on June 29, 1950)
- 617 Grigory Borisovich KARASIN (born on August 23, 1949)
- 618 Irina Andreevna KOZHANOVA (born on July 6, 1987)
- 619 Krym Oliyevich KAZANOKOV (born on July 19, 1962)
- 620 Maxim Gennadyevich KAVDZHARADZE (born on June 10, 1969)
- 621 Murat Krym-Gerievich KHAPSIROKOV (born on January 26, 1978)
- 622 Natalia Vladimirovna KOSYKHINA (born on August 7, 1972)
- 623 Nikolai Fedorovich KONDRATYUK (born on July 11, 1957)
- 624 Nina Germanovna KULIKOVSKIH (born on February 5, 1961)
- 625 Oksana Vladimirovna KHLYAKINA (born on November 28, 1969)
- 626 Olga Nikolaevna KHOKHLOVA (born on November 18, 1957)
- 627 Olga Fedorovna KOVITIDI (born on May 7, 1962)
- 628 Sergei Ivanovich KISLYAK (born on September 7, 1950)
- 629 Sergey Viktorovich KALASHNIK (born on March 31, 1978)
- 630 Sergey Nikolayevich KOLBIN (born on October 29, 1969)
- 631 Suleiman Abusaidovich KERIMOV (born on March 12, 1966)
- 632 Viktor Melkhiorovich KRESS (born on November 16, 1948)
- 633 Vladimir Igorevich KOZHIN (born on February 28, 1959)
- 634 Vladimir Kazimirovich KRAVCHENKO (born on June 12, 1964)
- 635 Vladimir Igorevich KRUGLY (born on May 27, 1955)
- 636 Grigory Petrovich LEDKOV (born on March 26, 1969)
- 637 Sergei Nikolayevich LUKIN (born on July 7, 1954)
- 638 Vladimir Albertovich LEBEDEV (born on April 23, 1962)
- 639 Yulia Vikotrovna LAZUTKINA (born on March 11, 1981)
- 640 Alexei Petrovich MAYOROV (born on December 29, 1961)
- 641 Farit Mubarakshevich MUKHAMETSHIN (born on January 31, 1947)
- 642 Igor Nikolayevich MOROZOV (born on December 10, 1956)
- 643 Sergei Petrovich MIKHAILOV (born on May 22, 1965)
- 644 Sergei Gerasimovich MITIN (born on June 14, 1951)
- 645 Sergey Alexanderovich MARTYNOV (born on August 22, 1959)
- 646 Sergey Nikolayevich MURATOV (born on January 13, 1964)
- 647 Taimuraz Dzambekovich MAMSUROV (born on April 13, 1954)
- 648 Alexander Vladimirovich NAROLIN (born on June 27, 1972)
- 649 Alexander Nikolayevich NEKRASOV (born on June 20, 1963)
- 650 Alexander Valeryevich NIKITIN (born on April 26, 1976)
- 651 Alexander Vyacheslavovich NOVIUKHOV (born on October 5, 1975)
- 652 Boris Alexandrovich NEVZOROV (born on September 21, 1955)
- 653 Lyudmila Borisovna NARUSOVA (born on May 2, 1951)
- 654 Viktor Feodosyevich NOVOZHILOV (born on February 16, 1965)
- 655 Vyacheslav Vladimirovich NAGOVITSYN (born on March 2, 1956)
- 656 Alexei Maratovich ORLOV (born on October 9, 1961)
- 657 Anna Ivanovna OTKE (born on December 21, 1974)
- 658 Dina Ivanovna OYUN (born on June 25, 1963)
- 659 Gennady Ivanovich ORDENOV (born on September 4, 1957)
- 660 Alexander Yuryevich PRONYUSHKIN (born on July 31, 1987)
- 661 Dmitry Sergeyevich PERMINOV (born on April 3, 1979)
- 662 Elena Vladimirovna PISAREVA (born on January 20, 1967)
- 663 Igor Vladimirovich PANCHENKO (born on May 18, 1963)
- 664 Irina Aleksandrovna PETINA (born on August 31, 1972)
- 665 Margarita Nikolayevna PAVLOVA (born on January 22, 1979)
- 666 Sergey Nikolayevich PERMINOV (born on September 16, 1968)
- 667 Valery Andreevich PONOMAREV (born on August 17, 1959)
- 668 Vladimir Vladimirovich POLETAYEV (born on May 23, 1975)
- 669 Yelena Alekseevna PERMINOVA (born on December 5, 1960)
- 670 Alexander Vasilyevich RAKITIN (born on May 17, 1958)
- 671 Eduard Ergartovich ROSSEL (born on October 8, 1937)
- 672 Grigoriy Alekseevich RAPOTA (born on February 5, 1944)
- 673 Irina Valeryevna RUKAVISHNIKOVA (born on February 3, 1973)
- 674 Sergey Nikolayevich RYABUKHIN (born on November 13, 1954)
- 675 Akhmat Anzorovich SALPAGAROV (born on January 13, 1962)
- 676 Alexander Alexandrovich SAVIN (born on January 28, 1962)
- 677 Alexei Vladimirovich SINITSYN (born on January 13, 1976)
- 678 Anatoly Ivanovich SHIROKOV (born on December 29, 1967)
- 679 Andrei Anatolyevich SHEVCHENKO (born on May 29, 1965)
- 680 Artem Gennadyevich SHEIKIN (born on March 25, 1980)
- 681 Dmitry Vladimirovich SAVELYEV (born on August 3, 1968)
- 682 Elena Borisovna SHUMILOVA (born on April 1, 1978)
- 683 Evgeny Stepanovich SAVCHENKO (born on April 8, 1950)
- 684 Galina Nikolayevna SOLODUN (born on January 26, 1968)
- 685 Inna Yuryevna SVYATENKO (born on September 6, 1967)
- 686 Lenar Rinatovich SAFIN (born on February 11, 1969)
- 687 Lyudmila Nikolayevna SKAKOVSKAYA (born on November 13, 1961)
- 688 Nikolai Petrovich SEMISOTOV (born on December 2, 1968)
- 689 Tatiana Anatolyevna SAKHAROVA (born on June 16, 1973)
- 690 Valery Vladimirovich SEMYONOV (born on September 16, 1960)
- 691 Andrei Anatolyevich TURCHAK (born on December 20, 1975)
- 692 Lyudmila Zaumovna TALABAYEVA (born on June 6, 1957)
- 693 Oleg Polikarpovich TKACH (born on September 23, 1967)
- 694 Oleg Vladimirovich TSEPKIN (born on September 15, 1965)
- 695 Pavel Vladimirovich TARAKANOV (born on June 21, 1982)
- 696 Peter Nikolayevich TULTAEV (born on January 1, 1961)
- 697 Vyacheslav Stepanovich TIMCHENKO (born on November 20, 1955)
- 698 Iliyas Magomed-Salamovich UMAKHANOV (born on March 27, 1957)
- 699 Mukharby Magomedovich ULBASHEV (born on May 15, 1960)
- 700 Valery Petrovich USATYUK (born on July 14, 1948)
- 701 Alexander Alexandrovich VAINBERG (born on February 2, 1961)
- 702 Alexander Georgiyevich VARFOLOMEEV (born on June 4, 1965)
- 703 Alexander Gennadyevich VYSOKINSKY (born on September 24, 1973)
- 704 Dmitry Yuryevich VASILENKO (born on May 11, 1969)
- 705 Nikolay Nikolayevich VLADIMIROV (born on January 18, 1979)
- 706 Valery Nikolayevich VASILYEV (born on July 17, 1965)
- 707 Yuri Konstantinovich VALYAEV (born on April 18, 1959)
- 708 Alexander Georgievich YAROSHUK (born on November 15, 1965)
- 709 Andrei Nikolayevich YEPISHIN (born on October 29, 1967)
- 710 Andrey Vladimirovich YATSKIN (born on April 25, 1969)
- 711 Gennady Vladimirovich YAGUBOV (born on April 17, 1968)
- 712 Irek Ishmukhametovich YALALOV (born on January 27, 1961)
- 713 Alexander Arkadyevich ZHUKOV (born on December 29, 1974)
- 714 Anastasia Gennadyevna ZHUKOVA (born on November 8, 1974)
- 715 Bair Bayaskhalanovich ZHAMSUYEV (born on January 29, 1959)
- 716 Igor Dmitriyevich ZUBAREV (born on July 20, 1966)
- 717 Nikolai Andreevich ZHURAVLEV (born on September 1, 1976)
- 718 Olga Sergeevna ZABRALOVA (born on March 30, 1980)
- 719 Victor Victorovich ZOBNEV (born on June 7, 1964)
- 720 Yelena Gennadyevna ZLENKO (born on June 20, 1967)
Application Before Publication
3 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
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.)
The Russian Federation continues to violate the sovereignty and territorial integrity of Ukraine.
Following Russia’s illegal occupation and attempted annexation of Crimea in March 2014, the Canadian government, in tandem with partners and allies, enacted sanctions under the Special Economic Measures Act. These sanctions impose dealings prohibitions (an effective asset freeze) on designated individuals and entities in Russia and Ukraine supporting or enabling Russia’s violation of Ukraine’s sovereignty. Any person in Canada and Canadians outside Canada are thereby prohibited from dealing in the property of, entering into transactions with, providing services to, or otherwise making goods available to listed persons.
In late fall of 2021, after months of escalatory behaviour, Russia began massing troops, military equipment and military capabilities on Ukraine’s borders and around Ukraine. The build-up lasted into February 2022, eventually totalling 150 000–190 000 troops. On February 15, 2022, the Russian Duma (equivalent to the Canadian Parliament) voted to ask President Putin to recognize the so-called Luhansk and Donetsk People’s Republics in eastern Ukraine, further violating Ukraine’s sovereignty as well as the Minsk agreements intended to bring about a peaceful resolution to the conflict in eastern Ukraine. On February 18, 2022, Russia-backed so-called authorities ordered the evacuation of women and children from the region, as well as the conscription of men aged 18 to 55. On February 20, 2022, Russia extended a joint military exercise with Belarus and announced that Russian troops would not leave Belarus. On February 21, 2022, following a meeting of the Russian Security Council, President Putin signed decrees recognizing the “independence” and “sovereignty” of the so-called Luhansk People’s Republic (LNR) and Donetsk People’s Republic (DNR). Immediately following this, President Putin ordered Russian forces to perform “peacekeeping functions” in the so-called LNR and DNR regions. He also expressly abandoned the Minsk agreements, declaring them “non-existent.” On February 22, 2022, Russia’s Duma and Federation Council granted President Putin permission to use military force outside the country. Uniformed Russian troops and armoured vehicles then moved into the Donetsk and Luhansk regions for the first time under official orders. On February 24, 2022, President Putin announced a “special military operation” as Russian forces launched a full-scale invasion of Ukraine. The invasion began with targeted strikes on key Ukrainian military infrastructure and the incursion of Russian forces into Ukraine in the north from Russia and Belarus, in the east from Russia and the so-called LNR and DNR regions, and in the south from Crimea.
The deterioration in Russia’s relations with Ukraine has paralleled the worsening in its relations with the United States (U.S.) and the North Atlantic Treaty Organization (NATO), which has led to heightened tensions.
Since the beginning of the current crisis, Canada and the international community have been calling on Russia to de-escalate, pursue diplomatic channels, and demonstrate transparency in military activities. Diplomatic negotiations have been taking place along several tracks, including via (1) United States–Russia bilateral talks (e.g. the Strategic Stability Dialogue); (2) NATO; (3) the Organization for Security and Cooperation in Europe (OSCE); and (4) the Normandy Four format (Ukraine, Russia, Germany, France) for the implementation of the Minsk agreements.
G7 Foreign Affairs ministers released a statement on February 21, 2022, condemning Russian recognition of the so-called LNR and DNR regions and stating that they were preparing to step up restrictive measures to respond to Russia’s actions, while reaffirming their unwavering commitment to Ukraine’s sovereignty and territorial integrity. G7 Foreign Affairs ministers also reconfirmed their support for the full implementation of the Minsk agreements as a means to end the conflict in eastern Ukraine. This follows a similar statement made in December 2021, and another by NATO Foreign Affairs ministers in January 2022.
Canada’s financial and military contributions
Between January 2014 and January 2021, Canada has provided Ukraine with more than $890 million in multifaceted assistance to support Ukraine’s security, prosperity, and reform objectives. Canada is currently considering a number of potential response options to further support Ukraine and respond to Russian aggression, in close coordination with Canada’s allies and partners.
On January 27, 2022, Canada announced the extension and expansion of Operation UNIFIER, Canada’s non-combat military training and capacity-building mission to Ukraine. In addition, Canada has announced over $145 million in humanitarian assistance for Ukraine and an additional $35 million in development funding. This assistance is in addition to the sovereign loan of up to $620 million offered to Ukraine since January 21, 2022, to support its economic resilience and governance reform efforts.
Canada also recently announced that it will send weapons such as rocket launchers, hand grenades, anti-armour weapons, and ammunition to support Ukraine. These contributions are in addition to more than $57 million in military equipment that Canada has provided Ukraine from 2015 to 2021. Canada will also extend its commitment to Operation REASSURANCE, the Canadian Armed Forces’ contribution to NATO assurance and deterrence measures in Central and Eastern Europe. Canada is deploying an additional 460 troops to the approximately 800 currently deployed.
Conditions for lifting sanctions
The duration of sanctions by Canada and like-minded partners has been explicitly linked to the peaceful resolution of the conflict, and the respect for Ukraine’s sovereignty and territorial integrity, within its internationally recognized borders, including Crimea, as well as Ukraine’s territorial sea. The U.S., the United Kingdom, the European Union (EU) and Australia have continued to update their sanction regimes against individuals and entities in both Ukraine and Russia.
- Impose further costs on Russia for its unprovoked and unjustifiable invasion of Ukraine;
- Maintain the alignment of Canada’s actions with those taken by international partners to underscore continued unity with Canada’s allies and partners in responding to Russia’s ongoing actions in Ukraine.
The Regulations Amending the Special Economic Measures (Russia) Regulations (the amendments) add 160 new individuals to Schedule 1 of the Special Economic Measures (Russia) Regulations, thereby subjecting them to a broad dealings ban. These individuals are members of Russia’s Federation Council.
Global Affairs Canada engages regularly with relevant stakeholders, including civil society organizations and cultural communities and other like-minded governments regarding Canada’s approach to sanctions implementation.
With respect to the amendment of sanctions lists, public consultation would not be appropriate, given the urgency to impose these measures in response to the ongoing breach of international peace and security in Ukraine.
Modern treaty obligations and Indigenous engagement and consultation
An initial assessment of the geographical scope of the amendments was conducted and did not identify any modern treaty obligations, as the amendments do not take effect in a modern treaty area.
Regulations are the sole method to enact sanctions in Canada. No other instrument could be considered.
Benefits and costs
Sanctions targeting specific persons have less impact on Canadian businesses than traditional broad-based economic sanctions, and the amendments will have limited impact on the citizens of the country of the listed persons. It is likely that the newly listed individuals have limited linkages with Canada, and therefore do not have business dealings that are significant to the Canadian economy.
Canadian banks and financial institutions are required to comply with sanctions. They will do so by adding the newly listed individuals to their existing monitoring systems, which may result in a minor compliance cost.
The amendments will create additional costs for businesses seeking permits that would authorize them to carry out specified activities or transactions that are otherwise prohibited.
Small business lens
The amendments potentially create additional costs for small businesses seeking permits that would authorize them to carry out specified activities or transactions that are otherwise prohibited. However, costs will likely be low as it is unlikely that Canadian small businesses have or will have dealings with the newly listed individuals. No significant loss of opportunities for small businesses is expected as a result of the amendments.
As there are no administrative costs associated with these regulatory amendments, the one-for-one rule does not apply.
Regulatory cooperation and alignment
While the amendments are not related to a work plan or commitment under a formal regulatory cooperation forum, they align with actions taken by like-minded partners, such as the EU.
Strategic environmental assessment
The amendments are unlikely to result in important environmental effects. In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus (GBA+)
The subject of economic sanctions has previously been assessed for effects on gender and diversity. Although intended to facilitate a change in behaviour through economic pressure on individuals and entities in foreign states, sanctions under the Special Economic Measures Act can nevertheless have an unintended impact on certain vulnerable groups and individuals. Rather than affecting Russia as a whole, these targeted sanctions impact individuals and entities believed to be engaged in activities that directly or indirectly support, provide funding for or contribute to a violation of the sovereignty or territorial integrity of Ukraine. Therefore, these sanctions are unlikely to have a significant impact on vulnerable groups as compared to traditional broad-based economic sanctions directed toward a state, and limit the collateral effects to those dependent on those targeted individuals and entities.
The amendments are in direct response to the Russian invasion of Ukraine that began on February 24, 2022, which continues Russia’s blatant violation of Ukraine’s territorial integrity and sovereignty under international law. In coordination with actions being taken by Canada’s allies, the amendments seek to impose a direct economic cost on Russia and signal Canada’s strong condemnation of Russia’s latest violations of Ukraine’s territorial integrity and sovereignty.
Implementation, compliance and enforcement, and service standards
The names of the listed individuals will be available online for financial institutions to review and will be added to the Consolidated Canadian Autonomous Sanctions List. This will help to facilitate compliance with the amendments.
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 knowingly contravenes or fails to comply with the Special Economic Measures (Russia) 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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