Regulations Amending the Special Economic Measures (Belarus) Regulations: SOR/2020-228

Canada Gazette, Part II, Volume 154, Number 22

Registration
SOR/2020-228 October 14, 2020

SPECIAL ECONOMIC MEASURES ACT

P.C. 2020-806 October 14, 2020

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

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 (Belarus) Regulations.

Regulations Amending the Special Economic Measures (Belarus) Regulations

Amendment

1 The schedule 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

In August 2020, following a fraudulent presidential election marred by significant irregularities, ensuing mass public protests in Belarus against the national government were brutally suppressed by government security forces, resulting in gross and systematic human rights violations. Canada, its like-minded international partners, and the United Nations High Commissioner for Human Rights have condemned the violence by Belarusian authorities. Further, Canada and its like-minded partners have characterized this election as neither free nor fair and have refused to accept the results. Both the Organization for Security and Co-operation in Europe and the European Union have offered to facilitate dialogue between the authorities and the opposition. However, the Government of Belarus has yet to respond positively to these proposals. The President of Belarus has continued to employ aggressive rhetoric towards the opposition, has refused to engage in dialogue, and has rejected calls for the holding of new presidential elections. Human rights violations continue, and there has been no accountability for past or current violations.

Background

On August 9, 2020, the Republic of Belarus held presidential elections marred by widespread irregularities. Under the direction of 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, and 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, Viasna Human Rights Centre, along with the Organization for Security and Co-operation in Europe, have all reported numerous human rights violations.

While there has been progress in terms of the release of some detainees and a halt in the large-scale violence towards peaceful protestors, the Government of Belarus continues to commit these gross and systematic human rights violations. These include prolonged arbitrary detentions, brutality, intimidation, and the excessive use of force against peaceful protestors, including through the use of water cannons, flash grenades, rubber-coated bullets, tear gas, and the use of live ammunition. There are also credible allegations of the use of torture and sexual violence against those unjustly detained. Arbitrary arrests and detentions continue, including the targeting of prominent opposition figures. In addition, there are undue restrictions on the rights to freedom of expression, peaceful assembly, and freedom of association.

Despite the partial release of detainees and a pause in the violent crackdowns, 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.

Canada has been strongly engaged in the situation in Belarus, directly with the Government of Belarus and with international partners, as well as in multilateral forums such as the Organization for Security and Co-operation in Europe, Media Freedom Coalition and Freedom Online Coalition. On September 29, 2020, Canada, in coordination with the United Kingdom, imposed sanctions against 11 Belarusian officials via the Special Economic Measures (Belarus) Regulations (the Regulations). The Regulations prohibit persons (individuals and entities) in Canada and Canadians outside Canada from conducting the following activities with listed individuals:

Consequential to being listed in the Regulations, and pursuant to the application of paragraph 35(1)(d) of the Immigration and Refugee Protection Act, the listed individuals are inadmissible to Canada.

The Special Economic Measures (Belarus) Permit Authorization Order (the Order) was also made to authorize the Minister of Foreign Affairs to issue to any individual or entity in Canada and any Canadian outside Canada a permit to carry out a specified activity or transaction, or any class of activity or transaction that is otherwise restricted or prohibited pursuant to the Regulations.

Objective

Description

The Regulations Amending the Special Economic Measures (Belarus) Regulations (the amendments) add 31 individuals to the schedule of the Regulations.

Regulatory development

Consultation

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 amendments, public consultation would not have been appropriate, as publicizing the names of the listed persons targeted by sanctions would have likely resulted in asset flight prior to the coming into force of the amendments.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of the geographical scope of the initiative was conducted and did not identify any modern treaty obligations, as the amendments 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

Application of sanctions will serve to put pressure on the Government of Belarus to change its behaviour. The sanctions communicate a clear message that Canada will not accept that gross and systematic human rights violations continue to take place in Belarus at the hands of the State with impunity. As efforts to date have not convinced the Government of Belarus to accept accountability for human rights violations nor to fully implement agreements stemming from the negotiation process with opposition groups, sanctions send an important message from Canada and encourage progress with the negotiations.

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

The amendments will create additional compliance costs for 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 businesses have dealings with the newly listed persons.

Small business lens

As it is unlikely that Canadian businesses have dealings with the newly listed persons, no significant loss of opportunities for small businesses is expected as a result of the amendments.

To facilitate compliance by small businesses, Global Affairs Canada is in the process of conducting enhanced outreach with stakeholders to better inform them of the amendments to the Regulations. This includes updates to the sanctions website as well as the creation of the sanctions hotline. In addition, the Trade Commissioner Service is engaged in implementing Canada’s Trade Diversification Strategy, which will support Canadian companies seeking to find alternative export markets.

One-for-one rule

The one-for-one rule does not apply to the amendments, as they do not impose an incremental administrative burden on businesses.

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.

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 focus of the amendments is on specific individuals who are members of the Government of Belarus and/or persons engaged in activities that contribute to human rights violations in Belarus, rather than on Belarus as a whole. This results in minimizing collateral effects to those dependent on those individuals.

Exemptions are included in the Regulations, including, among others, to allow for the delivery of humanitarian assistance to provide some mitigation of the impact of sanctions on vulnerable groups. The Minister of Foreign Affairs can also issue permits pursuant to the Order. As a result, these new sanctions are likely to have limited impact on the citizens of Belarus.

Implementation, compliance and 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 willfully contravenes the Special Economic Measures (Belarus) 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 or not more than five years.

Contact

Alison Grant
Director
Eastern Europe and Eurasia Relations Division
Telephone: 343‑203‑3603
Email: Alison.Grant@international.gc.ca