Vol. 148, No. 17 — August 13, 2014

Registration

SOR/2014-184 July 24, 2014

SPECIAL ECONOMIC MEASURES ACT

Regulations Amending the Special Economic Measures (Russia) Regulations

P.C. 2014-885 July 24, 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

AMENDMENTS

1. The definition “designated person” in section 1 of the Special Economic Measures (Russia) Regulations (see footnote 1) is replaced by the following:

“designated person”
« personne désignée »

“designated person” means a person who is in Russia, or is a national of Russia who does not ordinarily reside in Canada, and whose name is listed in either one of Schedules 1, 2 or 3.

2. The portion of section 2 of the Regulations before paragraph (a) is replaced by the following:

Schedule 1

2. A person whose name is listed in Schedule 1 is a 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

3. The Regulations are amended by adding the following after section 2:

Schedule 2 or 3

2.1 A person whose name is listed in Schedule 2 or 3 is a 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 person owned or controlled by, or acting on behalf of, a person described in paragraph 2(a) or (b).

4. (1) Paragraph 3(a) of the Regulations is replaced by the following:

(2) Paragraphs 3(d) and (e) of the Regulations are replaced by the following:

5. The Regulations are amended by adding the following after section 3:

New debt financing

3.1 (1) It is prohibited for any person in Canada and any Canadian outside Canada to transact in, provide or otherwise deal in a loan, bond or debenture, of longer than 90 days’ maturity in relation to:

Non-application

(2) Subsection (1) does not apply in respect of a loan that was made or a bond or debenture that was issued before the designated person was listed in Schedule 2 or 3.

New equity financing

3.2 (1) It is prohibited for any person in Canada and any Canadian outside Canada to transact in, provide or otherwise deal in capital funding through the transaction of shares in exchange for an ownership interest in relation to:

Non-application

(2) Subsection (1) does not apply to capital funding that occurred before the designated person was listed in Schedule 2.

6. (1) Paragraph 4(a) of the Regulations is replaced by the following:

(2) Paragraphs 4(e) to (g) of the Regulations are replaced by the following:

7. Section 5 of the Regulations is replaced by the following:

Prohibited act

5. It is prohibited for any person in Canada and any Canadian outside Canada to do anything that causes, assists or promotes, or is intended to cause, assist or promote, any act or thing prohibited under any of sections 3 to 3.2.

8. The portion of section 6 of the Regulations before paragraph (a) is replaced by the following:

Duty to determine

6. Each of the following entities must determine on a continuing basis whether it is in possession or control of property owned or controlled by or on behalf of a designated person listed in Schedule 1:

9. Paragraph 7(1)(a) of the Regulations is replaced by the following:

10. (1) Subsection 8(1) of the Regulations is replaced by the following:

Application to no longer be designated person

8. (1) A designated person may apply in writing to the Minister to have their name removed from Schedule 1, 2 or 3.

(2) Subsection 8(2) of the English version of the Regulations is replaced by the following:

Recommendation

(2) On receipt of the 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 Schedule 1, 2 or 3.

11. Subsection 9(1) of the Regulations is replaced by the following:

Application for certificate

9. (1) A person claiming not to be a designated person may apply to the Minister for a certificate stating that they are not the person who has been designated under either section 2 or 2.1

12. The schedule to the Regulations is renumbered as Schedule 1.

13. Schedule 1 to the Regulations is amended by replacing the references after the heading “SCHEDULE 1” with the following:

(Sections 1 and 2, paragraphs 3(a), (d) and (e) and 4(a) and (e) to (g), section 6, paragraph 7(1)(a) and section 8)

14. Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 19:

15. The Regulations are amended by adding, after Schedule 1, the Schedules 2 and 3 set out in the schedule to these Regulations.

APPLICATION PRIOR TO PUBLICATION

16. 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

17. These Regulations come into force on the day on which they are registered.

SCHEDULE
(section 15)

SCHEDULE 2
(Sections 1, 2.1, 3.1, 3.2 and 8)

ENTITIES

SCHEDULE 3
(Sections 1, 2.1, 3.1 and 8)

ENTITIES

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Russian Federation continues to violate the sovereignty and territorial integrity of Ukraine.

Background

Acting in coordination with the United States and the European Union, the Governor in Council has found 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. As a result, the Special Economic Measures (Russia) Regulations were approved on March 17, 2014. Amendments to these Regulations were made on March 19, 2014, March 21, 2014, April 28, 2014, May 4, 2014, May 12, 2014, and June 21, 2014.

In Berlin on July 2, 2014, the foreign ministers of Ukraine, Germany, France and Russia issued a joint declaration stressing the need for a sustainable ceasefire to be monitored by the Organization for Security and Cooperation in Europe (OSCE). Leaders agreed to work to bring about this ceasefire and called for continued talks between Kyiv and the Russian-backed insurgents. The joint declaration also signaled Russia’s readiness to grant Ukrainian border guards access to Russian territory in order to participate in the control of border crossings, and called for the deployment of OSCE monitors to border checkpoints while a ceasefire is in place.

Despite these commitments and declarations, the Russian Federation has taken no meaningful steps to implement the July 2 declaration, and continues to violate Ukraine’s sovereignty and territorial integrity through its continued occupation of Crimea, significant military presence along Ukraine’s eastern border, and support of insurgents in the provinces of Donetsk and Luhansk. Weapons and militants continue to flow across the border into Ukraine, and Russia has failed to call on militants to lay down their weapons and commit to peace.

Throughout June and July 2014, deadly clashes between Ukrainian security forces and pro-Russian separatists have continued. Armed militia groups and insurgents have occupied government buildings, opened fire on border guard posts, launched mortar attacks at military checkpoints, shot down a Ukrainian aircraft and taken hostages. Over 400 Ukrainian civilians have reportedly died since the Russian-backed militants launched their violent campaign in April 2014.

On July 17, 2014, a Malaysian Airlines flight carrying almost 300 passengers and crew crashed in eastern Ukraine, killing all on board. Evidence suggests the airliner was brought down by a surface-to-air missile fired from an area controlled by pro-Russian provocateurs. There is also evidence of an increased flow of heavy weaponry, including rocket launchers, into Ukraine from Russia in the weeks before the crash, and evidence that the Russian Federation provided training on air-defense systems to the fighters. In the immediate aftermath of the tragedy, pro-Russian militants in the region of the crash impeded investigative and forensic work by international and Ukrainian authorities, as well as efforts to recover the remains of the victims.

Canada, along with G7 nations, has indicated readiness to intensify targeted sanctions and to implement significant additional measures to impose further costs on Russia should events so require.

Objectives

The proposed Regulations Amending the Special Economic Measures (Russia) Regulations (the Regulations) amend the Special Economic Measures (Russia) Regulations (the Russia Regulations) by adding seven entities to Schedule 1, and creating a new Schedule 2 and Schedule 3, which also list two and one entities respectively, and amending other sections to clarify the intended application of the sections.

Description

The proposed Regulations add seven entities to the list of designated persons in Schedule 1, for which any person in Canada and any Canadian outside Canada are prohibited from

Exceptions to the above-noted prohibitions are available for the following:

The Regulations also amend Section 1 to expand the definition of “designated person” to include persons listed in Schedule 2 and 3. Sections 3, 4, 5, 6, 7, 8, and 9 are also amended to clarify the intended application of the sections.

The Regulations also create two new Schedules (Schedule 2 and 3) to the Russia Regulations. Schedules 2 and 3 of the Regulations establish a list of two and one designated persons respectively. The criterion for listing persons under Schedules 2 and 3 is established in section 2.1 of the Russia Regulations.

The Regulations also create prohibitions relating to dealings with persons listed in Schedules 2 or 3.

Under section 3.1 of the Russia Regulations, it is prohibited for any person in Canada or any Canadian outside Canada to transact in, provide or otherwise deal in a loan, bond or debenture, of longer than 90 days maturity, in relation to

Under section 3.2 of the Russia Regulations, it is prohibited for any person in Canada or any Canadian outside Canada to transact in, provide or otherwise deal in capital funding through the transaction of shares in exchange for an ownership interest in relation to

“One-for-One” Rule

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.

Consultation

Foreign Affairs, Trade and Development Canada drafted the Regulations in consultation with the Department of Justice and Citizenship and Immigration Canada.

Rationale

The measures contained in the Regulations demonstrate Canada’s concern about the continuing violation of Ukraine’s sovereignty and territorial integrity.

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.

Contact

Jennifer May
Director
East/Southeast Europe Bilateral and Commercial Relations
Foreign Affairs, Trade and Development Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343-203-3603
Fax: 613-995-1277
Email: Jennifer.May@international.gc.ca