Regulations Amending the Special Economic Measures (Belarus) Regulations: SOR/2024-60

Canada Gazette, Part II, Volume 158, Number 9

Registration
SOR/2024-60 April 12, 2024

SPECIAL ECONOMIC MEASURES ACT

P.C. 2024-286 April 12, 2024

Whereas the Governor in Council is of the opinion that gross and systematic human rights violations have been committed in the Republic of Belarus;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Regulations Amending the Special Economic Measures (Belarus) Regulations under paragraph 4(1)(a)footnote a and subsections 4(1.1)footnote b, (2)footnote c and (3) of the Special Economic Measures Act footnote d.

Regulations Amending the Special Economic Measures (Belarus) Regulations

Amendment

1 Part 1 of Schedule 1 to the Special Economic Measures (Belarus) Regulations footnote 1 is amended by adding the following in numerical order:

Application Before Publication

2 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

3 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

Background

On August 9, 2020, the Republic of Belarus held presidential elections marred by widespread irregularities. Under the direction of incumbent President Alexander Lukashenko, the Government of Belarus led a systematic campaign of repression during the lead-up to the vote and through the conduct of the election itself. It also used state-sponsored violence against the people of Belarus in an effort to suppress anti-government protests. Human Rights Watch, Amnesty International, the Office of the United Nations Human Rights Commissioner, the Viasna Human Rights Centre, and the Organization for Security and Co-operation in Europe (OSCE) have all reported numerous human rights violations. Since then, numerous reputable human rights organizations in Belarus, including the Viasna Human Rights Centre, have been forced to close.

Canada did not recognize the results of the 2020 presidential elections, which were considered fraudulent and unconstitutional. In response to the gross and systemic human rights violations being committed in Belarus, the Governor in Council approved the Special Economic Measures (Belarus) Regulations (the Belarus Regulations) on September 28, 2020, under the Special Economic Measures Act (SEMA). These sanctions impose dealings prohibitions (an effective asset freeze) on listed individuals and entities and prohibit any person in Canada or any Canadian outside Canada from dealing in the property of, entering into transactions with, providing services to, or otherwise making goods available to the listed persons.

The Government of Belarus has continued to commit gross and systematic human rights violations since the 2020 presidential election. These include arbitrary arrests, prolonged arbitrary detentions, brutality, intimidation, and the excessive use of force against peaceful protestors. There have also been credible allegations of the use of torture and sexual violence against those unjustly detained. Individuals are wrongfully prosecuted and sentenced to lengthy prison sentences. In addition, there are undue restrictions on the rights to freedom of expression, peaceful assembly, and freedom of association.

Human rights observers identified an escalation in the scale of repression against independent journalists in 2021, including arbitrary detention, the imposition of fines and prison sentences, loss of media credentials and police raids. There is no indication that the Government of Belarus is genuinely committed to finding a negotiated solution with opposition groups, nor in ensuring accountability for those responsible for gross and systematic human rights violations. Appropriate steps to restore democratic rights or to address ongoing human rights violations have also not been taken.

Authorities sentenced several prominent Belarusian activists, including 2022 Nobel Peace Prize recipient Ales Bialiatski and exiled opposition leader Sviatlana Tsikhanouskaya (tried in absentia), to prison terms. In recent months, authorities have also conducted mass raids of properties linked to opposition activists (November 2023), 2020 election observers (December 2023), and former political prisoners and their families (January 2024).

International response

The international community’s response to the fraudulent elections and gross and systematic human rights violations included the imposition of visa restrictions on Belarusian officials, targeted sanctions, engagement with the Belarusian opposition and financial support to Belarusian opposition organizations. The International Accountability Platform for Belarus was established, and the international community further engaged through multilateral organizations like the United Nations Human Rights Council and the OSCE.

On two occasions, participating States of the OSCE invoked the OSCE Moscow Mechanism, effectively establishing an ad hoc mission to investigate concerns of human rights abuses in Belarus. This was done in September 2020 in response to credible reports of human rights violations related to the 2020 presidential election and in March 2023 in response to an increase in the suppression of opposition and civil society voices. The subsequent reports concurred with the concerns of the ad hoc mission and made several recommendations that highlighted human rights abuses, including judicial shortcomings, arbitrary detentions, as well as suppression of civil society and free speech.

Canada’s response

Canada has engaged directly with the Government of Belarus and with the international community to address the ongoing repression and human rights violations in Belarus, including in multilateral forums such as the OSCE, the Media Freedom Coalition, the Freedom Online Coalition and the International Accountability Platform for Belarus. Since September 2020, Canada has imposed sanctions on Belarusian individuals and entities and sought to do so in close coordination with its partners. These sanctions have targeted individuals and entities engaged in gross and systematic human rights violations against Belarusians who have rejected the fraudulent elections of 2020 and opposed the Lukashenko regime.

Objective

  1. Pressure the Government of Belarus to change its behaviour.
  2. Communicate a clear message to the Government of Belarus that Canada will not accept that gross and systematic human rights violations continue to take place at the hands of the State with impunity.
  3. Align with actions taken by international partners to underscore continued unity in responding to Belarus’s gross and systematic human rights violations.

Description

The amendments add 21 individuals to Schedule 1 of the Belarus Regulations in response to the ongoing gross and systematic violations of human rights occurring in Belarus. These individuals are current or former senior government officials involved in internal affairs, including security forces, public prosecutors, members of the judiciary and administrators of penal and “education” colonies. These individuals have been involved in suppressing protests, arbitrary detentions, arrests, prosecutions of Belarusians protesting the fraudulent elections and their ill-treatment once they were falsely tried, sentenced and imprisoned.

Regulatory development

Consultation

Global Affairs Canada regularly engages with relevant stakeholders, including civil society organizations, cultural communities, and other like-minded governments, regarding Canada’s approach to sanctions implementation.

With respect to the amendments, public consultation would not have been appropriate, given the risk of asset flight.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of the geographical scope of the Belarus Regulations was conducted and did not identify any modern treaty obligations, as the Regulations do not take effect in a modern treaty area.

Instrument choice

Regulations are the sole method to enact sanctions in Canada. No other instrument could be considered.

Regulatory analysis

Benefits and costs

The incremental cost to the Government of Canada to administer and enforce these additional prohibitions vis-à-vis the 2 900 persons already sanctioned in Russia, Belarus, Ukraine and Moldova since 2014 is minimal. Sanctions targeting specific individuals and entities have less impact on Canadian businesses than traditional broad-based economic sanctions and have limited impact on the citizens of the country of the listed individuals and entities. Based on initial assessment of available open-source information, it is believed that the newly listed individuals have limited linkages with Canada and, therefore, do not have business dealings that are significant to the Canadian economy.

Given the limited trade with Belarus and sanctions already in place, it is unlikely that additional sanctions targeting current or former senior government officials involved in internal affairs, would have any significant impact on Canadians, Canadian businesses, or Canada’s commercial interests overall.

Canadian banks and financial institutions are required to comply with sanctions. They will do so by adding the newly listed individuals and entities to their existing monitoring systems, which may result in a compliance cost.

Small business lens

With respect to the persons being listed under the Belarus Regulations, analysis under the small business lens concluded that the Regulations could impact Canadian small businesses. The amendments prohibit Canadian businesses from dealing with, providing services to, or otherwise making goods available to listed persons, but do not create any direct administrative obligations on businesses. While Canadian businesses may seek permits under the Regulations, Global Affairs Canada does not anticipate any applications resulting from listing these persons; thus there would be no incremental administrative burden arising from this requirement. Canadian small businesses are also subject to the duty to disclose under the Regulations, which would represent a direct compliance requirement. However, as the newly listed individuals have limited known linkages with Canada, Global Affairs Canada does not anticipate any disclosures resulting from the amendments.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on business. The permitting process for businesses meets the definition of “administrative burden” in the Red Tape Reduction Act; however, while permits may be granted under the Regulations, on an exceptional basis, given the minimal level of trade with Belarus, Global Affairs Canada does not anticipate any permit applications with respect to the amendments.

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 Canada’s allies. Sanctions are most effective when they are applied in a coordinated manner.

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 SEMA can nevertheless have an unintended impact on certain vulnerable groups and individuals. Rather than affecting Belarus as a whole, these targeted sanctions impact individuals believed to be engaged in gross and systematic human rights violations. 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.

Implementation, compliance and enforcement, and service standards

The amendments come into force on the day on which they are registered.

Consequential to being listed in the Belarus Regulations, and pursuant to the application of paragraph 35.1(b) of the Immigration and Refugee Protection Act, the listed individuals would be inadmissible to Canada.

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 Belarus Regulations. Under SEMA, both Royal Canadian Mounted Police and Canada Border Services Agency officers have the power to enforce sanctions violations through their authorities, as defined under the Customs Act, the Excise Act or the Excise Act, 2001, and sections 487 to 490, 491.1 and 491.2 of the Criminal Code.

In accordance with section 8 of the SEMA, every person who knowingly contravenes or fails to comply with the 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.

The Department’s Trade Commissioner Service (TCS), abroad and in Canada, continues to assist clients in understanding Canadian sanctions regulations, and notably the impact of the regulations on any activities in which Canadians may be engaged. The Department is also increasing outreach efforts across Canada — including to engage with businesses, universities, and provincial/territorial governments — to enhance national awareness of and compliance with Canadian sanctions.

Contact

Andreas Weichert
Director
Eastern Europe & Eurasia Relations Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613‑203‑3603
Email: Andreas.Weichert@international.gc.ca