Regulations Amending the Special Economic Measures (Burma) Regulations: SOR/2024-168
Canada Gazette, Part II, Volume 158, Number 18
Registration
SOR/2024-168 August 8, 2024
SPECIAL ECONOMIC MEASURES ACT
P.C. 2024-937 August 8, 2024
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 (Burma) 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 (Burma) Regulations
Amendment
1 Item 88 of Part 2 of the schedule to the Special Economic Measures (Burma) Regulations footnote 1 is repealed.
Coming into Force
2 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
Section 16 of the Special Economic Measures (Burma) Regulations (the Regulations) provides for designated persons to apply to the Minister of Foreign Affairs (the Minister) to have their name removed from the Schedule of the Regulations. The Minister has been provided evidence supporting the removal of one individual from the Schedule of the Regulations, as there are no reasonable grounds to maintain the listing.
Background
On February 1, 2021, the Myanmar Armed Forces initiated a military coup against the democratically elected National League for Democracy (NLD), formed the State Administration Council (SAC) and arrested the democratically elected civilian leadership, protesters, journalists, and pro-democracy activists.
Despite condemnation by the international community, repeated calls to halt violence, and efforts led by the Association of Southeast Asian Nations (ASEAN) to engage the regime in inclusive dialogues toward peace, the Myanmar military regime has not altered course. Since the Myanmar military deposed the civilian government on February 1, 2021, gross and systematic human rights and international law violations continue unchecked, as the regime escalates violence in an attempt to consolidate control, to exterminate resistance and assert its authority. The situation constitutes an ongoing grave breach of international peace and security and a worsening international crisis. It has spilled over into neighbouring countries, including those hosting refugees from Myanmar who have been forcibly displaced.
Canada has taken a multipronged response to the crisis in Myanmar and continues to be strongly engaged in diplomatic efforts to resolve the situation in Myanmar through bilateral and multilateral channels. Peace efforts have been led by ASEAN with international backing, including from Canada, following ASEAN’s April 2021 Five-Point Consensus, which established a roadmap to peace in Myanmar. Implementation of the Five-Point Consensus has stalled in the face of regime intransigence.
In coordination with its allies and partners, Canada has imposed sanctions on 135 individuals and 88 entities under the Regulations, for a total of 220 listings. These measures come as part of a broader strategy of coordinated, sequenced, and targeted actions that maximize pressure on the regime to cease abuses, release all those unjustly detained, allow unhindered humanitarian access, and engage in meaningful dialogue for an inclusive multi-party democracy, while minimizing consequences for the civilian population.
Conditions for lifting sanctions
The delisting recourse process is an integral part of Canada’s robust sanctions framework and supports the fair and transparent application of sanctions. This includes ensuring that only persons who meet the criteria under the Regulations are listed. Applications for delisting are considered on a case-by-case basis.
Designated persons may apply to the Minister to have their name removed from the Schedule of the Regulations. A detailed description of the relevant circumstances and reasons supporting an application for delisting are requested. Following receipt of an application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant’s name be removed from the Regulations. Information on the delisting application process is available on Global Affairs Canada’s website (Listed persons [international.gc.ca]).
Objective
To safeguard the integrity of Canada’s sanctions regime by delisting individuals and entities when there are reasonable grounds to do so, taking into account the evolving situation in Myanmar, the object and purpose of the Regulations, and the circumstances of the designated persons.
Description
The Regulations Amending the Special Economic Measures (Burma) Regulations (the amendment) remove Hlaing Moe Myint from the Schedule of the Regulations, as there are no reasonable grounds to maintain the listing.
Regulatory development
Consultation
Global Affairs Canada regularly engages with other like-minded governments regarding Canada’s approach to sanctions implementation.
With respect to this amendment, public consultation would not have been appropriate.
Modern treaty obligations and Indigenous engagement and consultation
No modern treaty obligations were identified, as the amendment does not take effect in a modern treaty area.
Instrument choice
Regulations are the sole method to remove persons subject to sanctions in Canada. No other instrument could be considered.
Regulatory analysis
Benefits and costs
In the absence of this amendment, the individual would remain on the Schedule of the Regulations and be faced with restrictions from travelling to Canada and having business transactions with Canadians. This amendment will remove those restrictions providing a theoretical benefit to the individual and any Canadian or Canadian entity that may wish to engage in dealings with the individual that would have otherwise been prohibited. There will be no direct costs to business or government because of the delisting and the removal of these prohibitions is not considered a risk to Canada’s security objectives.
Canadian banks and financial institutions are required to comply with sanctions. They will do so by removing the individual from their existing monitoring systems, which may result in a compliance cost.
Small business lens
Analysis under the small business lens concluded that the amendment will not impact Canadian small businesses.
One-for-one rule
The one-for-one rule does not apply, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.
Regulatory cooperation and alignment
The amendment is not related to a work plan or commitment under a formal regulatory cooperation forum.
Strategic environmental assessment
The amendment is 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
Given the targeted nature of this proposal, no gender-based analysis plus (GBA+) impacts have been identified.
Rationale
Section 16 of the Regulations provide for designated persons to apply to the Minister to have their name removed from the Regulations. Canada considers the delisting recourse process to be an important part of a robust sanctions framework and crucial to the fair application of sanctions.
On December 7, 2022, Hlaing Moe Myint was listed under subsection 2(b) of the Regulations as the family member of a former senior official of Myanmar. Based on the information the individual submitted as part of their delisting application, the Minister determined that there are reasonable grounds to recommend that their name be removed from the Schedule of the Regulations.
Implementation, compliance and enforcement, and service standards
The amendment comes into force on the day it is registered.
The name of the individual will be removed from the Consolidated Canadian Autonomous Sanctions List. This will help to facilitate compliance with the Regulations.
Contact
Sanctions Bureau
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone (toll-free): 1‑833‑352‑0769
Telephone (local): 343‑203‑3975
Email: sanctions@international.gc.ca