Vol. 148, No. 11 — May 21, 2014
SOR/2014-109 May 12, 2014
SPECIAL ECONOMIC MEASURES ACT
Regulations Amending the Special Economic Measures (Ukraine) Regulations
P.C. 2014-560 May 12, 2014
Whereas the Governor in Council is of the opinion that the situation in Ukraine constitutes 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 (Ukraine) Regulations.
REGULATIONS AMENDING THE SPECIAL ECONOMIC MEASURES (UKRAINE) REGULATIONS
1. Part 1 of the Schedule to the Special Economic Measures (Ukraine) Regulations (see footnote 1) is amended by adding the following after item 11:
- 12. Olga Fedorovna KOVATIDI
- 13. German PROKOPIV
- 14. Valeriy BOLOTOV
- 15. Andriy PURGIN
- 16. Denys PUSHYLIN
- 17. Sergey Gennadevich TSYPLAKOV
APPLICATION PRIOR TO PUBLICATION
Statutory Instruments Act
2. 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
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.)
Pro-Russia separatists from Ukraine, working in concert with the Russian Federation government and military forces, have been fomenting unrest in eastern Ukraine. In April 2014, a series of coordinated events took place in eastern Ukraine reminiscent of events that preceded Russia’s annexation of Crimea less than a month before. Unidentified gunmen have stormed police stations, seized government buildings and set up checkpoints in several cities in eastern Ukraine. These Ukrainians have supported, or continue to facilitate, Russian military action against the Ukrainian government and military in eastern Ukraine.
Beginning in November 2013, former Ukrainian President Viktor Yanukovych attempted to consolidate his waning power and suppress dissent through harsh measures, including the use of deadly force. Viktor Yanukovych and key members of his region ultimately fled from Kyiv to Russia. Yanukovych called on Russia to take steps to overthrow the new government in Kyiv. In doing so, Yanukovych and several members of his former regime incited calls from inside and outside Ukraine in favour of Russian military intervention.
In early March 2014, Russian military forces took operational control of the Crimean peninsula, including capturing government buildings and the Crimean Parliament, naval and other military installations, Simferopol airport, as well as access points to the peninsula. On March 6, 2014, the Russian-controlled Crimean Parliament adopted a resolution declaring its unanimous decision to become part of Russia, and set a referendum on this question, which took place on March 16, 2014. The referendum in Crimea was held while the province was under the control of an illegal and coercive Russian military presence. The Russian-controlled legislature announced that 97% of the population voted in favour of Crimea becoming a subject of the Russian Federation. The Ukrainian Ministry of Justice has underlined the illegality of the referendum, and noted that, according to the Ukrainian constitution, only national referendums are permitted.
These events and actions resulted in widespread criticism from the international community. On March 27, 2014, the United Nations (UN) General Assembly passed resolution A/68/L.39 that overwhelmingly affirmed Ukraine’s territorial integrity and declared the illegality of the referendum that led to Russia’s annexation of the Crimean peninsula.
In April 2014, a series of coordinated events took place in eastern Ukraine reminiscent of events that preceded Russia’s annexation of Crimea less than a month before. Unidentified gunmen stormed police stations, seized government buildings and set up checkpoints in several cities in eastern Ukraine, particularly in Donetsk Oblast. The Donetsk basin is Ukraine’s coal-mining heartland and, apart from Kyiv, is the most densely populated part of Ukraine. The towns targeted by the militants are close to the Russian border and have traditionally voted for “pro-Russia” politicians such as Viktor Yanukovych.
Presently, armed pro-Russian militants continue to occupy government and public buildings across eastern Ukraine, with separatist activities spreading to cities, such as Slovyansk and Kostyantynivka. Pro-Russian insurgents have become increasingly ruthless and have turned to kidnapping. Approximately 40 people are reportedly being held hostage in makeshift jails in Slovyansk, including journalists, pro-Ukraine activists and seven military observers from the Organization for Security and Cooperation in Europe.
In the eastern city of Donetsk, there are reports that pro-Ukraine rallies resulted in violence as demonstrators were attacked by pro-Russian armed men. As further evidence of increasing violence and instability in eastern Ukraine, in late April 2014, the Mayor of Kharkiv was shot and critically injured, a Ukrainian serviceman was reportedly killed and another injured when an improvised explosive device detonated in the Donetsk region, and a body showing signs of torture was found in Slovyansk.
These actions have been supported by separatist individuals and groups from eastern Ukraine who back joining Russia. They opposed the anti-government protests that toppled former president Viktor Yanukovych and the government that has replaced him.
On March 17, 2014, acting in coordination with the United States and the European Union, the Governor in Council passed regulations imposing sanctions on Ukraine and Russia, after finding that the situation with respect to Crimea constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis. The Governor in Council passed further amendments to the Regulations on March 17, 19, and April 12, 2014.
The proposed Regulations Amending the Special Economic Measures (Ukraine) Regulations (the Regulations) add six individuals to the Special Economic Measures (Ukraine) Regulations.
The proposed Regulations add six individuals to the list of designated persons under the Special Economic Measures (Ukraine) Regulations.
Any person in Canada and any Canadian outside Canada are prohibited from
- dealing in any property, wherever situated, held by or on behalf of a designated person;
- entering into or facilitating, directly or indirectly, any transaction related to such a dealing;
- providing any financial or related service in respect of such a dealing;
- making goods, wherever situated, available to a designated person; and
- providing any financial or related service to or for the benefit of a designated person.
Exceptions to the above-noted prohibitions are available for the following:
- Payments made by or on behalf of designated persons pursuant to contracts entered into prior to the coming into force of the Regulations, provided that the payments are not made to or for the benefit of a designated person;
- Pension payments to any person in Canada or any Canadian outside Canada;
- Transactions in respect of accounts at financial institutions held by diplomatic missions, provided that the transaction is required in order for the mission to fulfill its diplomatic functions under the Vienna Convention on Diplomatic Relations, or, transactions required in order to maintain the mission premises if the diplomatic mission has been temporarily or permanently recalled;
- Transactions by international organizations with diplomatic status, agencies of the United Nations, the International Red Cross and Red Crescent Movement, or Canadian non-governmental organizations that have entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development;
- Transactions necessary for a Canadian to transfer to a non-designated person any accounts funds or investments of a Canadian held by a designated person on the day on which that person became designated;
- Financial services required in order for a designated person to obtain legal services in Canada with respect to the application of any of the prohibitions in the Regulations; and
- Loan repayments made to any person in Canada or any Canadian abroad in respect of loans entered into before the coming into force of the Regulations, enforcement of security in respect of those loans, or payments by guarantors guaranteeing those loans.
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.
Foreign Affairs, Trade and Development Canada drafted the Regulations in consultation with the Department of Justice and Citizenship and Immigration Canada.
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.
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