Vol. 145, No. 21 — October 12, 2011
Registration
SOR/2011-220 October 3, 2011
SPECIAL ECONOMIC MEASURES ACT
Regulations Amending the Special Economic Measures (Syria) Regulations
P.C. 2011-1157 October 3, 2011
Whereas the Governor in Council is of the opinion that the situation in Syria 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), hereby makes the annexed Regulations Amending the Special Economic Measures (Syria) Regulations.
REGULATIONS AMENDING THE SPECIAL ECONOMIC MEASURES (SYRIA) REGULATIONS
AMENDMENTS
1. The portion of section 3 of the Special Economic Measures (Syria) Regulations (see footnote 1) before paragraph (a) is replaced by the following:
3. Subject to section 9, it is prohibited for any person in Canada and any Canadian outside Canada to
2. The Regulations are amended by adding the following after section 3:
3.1 Subject to section 9, it is prohibited for any person in Canada and any Canadian outside Canada to import, purchase, acquire, carry or ship any petroleum or petroleum products, excluding natural gas, that are exported, supplied or shipped from Syria after October 4, 2011.
3.2 Subject to section 9, it is prohibited for any person in Canada and any Canadian outside Canada to provide or acquire financial or other related services to, from or for the benefit of or on the direction or order of Syria or any person in Syria for the purpose of facilitating the importation, purchase, acquisition, carriage or shipment of any petroleum or petroleum products, excluding natural gas, from Syria.
3.3 Subject to section 9, it is prohibited for any person in Canada and any Canadian outside Canada to make an investment in an entity in Syria that is engaged in the oil industry if that investment involves a dealing in any property, wherever situated, held by or on behalf of Syria, a person in Syria or a national of Syria who does not ordinarily reside in Canada.
3.4 Subject to section 9, it is prohibited for any person in Canada and any Canadian outside Canada to provide or acquire financial or other related services to, from or for the benefit of or on the direction or order of Syria or any person in Syria for the purpose of investing in the oil industry in Syria.
3. Section 4 of the Regulations is replaced by the following:
4. 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 by sections 3 to 3.4.
4. The portion of section 9 of the Regulations before paragraph (a) is replaced by the following:
9. The prohibitions set out in sections 3 to 4 do not apply in respect of
5. Part 1 of the schedule to the Regulations is amended by adding the following after item 9:
10. Bena Properties
11. Al Mashreq Investment Fund
12. Hamcho International
13. Military Housing Establishment (MILIHOUSE)
14. Mada Transport
15. Cham Investment Group
16. Real Estate Bank
17. Cham Holdings
18. Addounia TV
19. Ramak Construction
20. El-tel
21. Souruh
6. Part 2 of the schedule to the Regulations is amended by adding the following after item 29:
30. Zoulhima Chaliche
31. Riyad Chaliche
32. Khalid Qaddur
33. Ra’if Al-Quwatli
34. Hayel Al-Assad
35. Ali Al-Salim
36. Rafiq Shahadah
37. Jami Jami
38. Hassan Bin-Ali Al-Turkmani
39. Muhammad Said Bukhaytan
40. Ali Douba
41. Nawful Al-Husayn
42. Husam Sukkar
43. Muhammed Zamrini
44. Munir Adanov (Adnuf)
45. Ghassan Khalil
46. Mohammed Jabir
47. Samir Hassan
48. Fares Chehabi
49. Emad Ghraiwati
50. Tarif Akhras
51. Issam Anbouba
52. Walid Al-Moallem
53. Bouthaina Shaaban
54. Ali Abdul Karim Ali
55. Tayseer Qala Awwad
56. Adnan Hassan Mahmoud
APPLICATION BEFORE PUBLICATION
7. 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
8. 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.)
Issue and objectives
Protests for democratic reforms have been ongoing in various cities across Syria since March 15, 2011. The Syrian government’s violent crackdown on peaceful protesters has led to many civilian deaths and injuries. Approximately 2 700 people have been killed, and the death toll continues to rise. Thousands of civilians have been detained arbitrarily and there are credible reports of summary executions and torture. Many humanitarian and human rights organizations have expressed concerns over access to medical care, food, water, and electricity. To date, Syria has refused access to international humanitarian organizations, which raises serious humanitarian concerns.
Since Ramadan began on August 1, protest activity has continued to grow in strength and to spread across Syria. The Syrian authorities have continued to respond to peaceful protests with force, and the death toll has steadily mounted. Arbitrary detention, intimidation, torture and enforced disappearances have continued apace. With neither side showing any sign of backing down, there is no immediate end to the crisis in sight. The national dialogue process has yet to show substance as the initial formal session was boycotted by most oppositionists and stacked with regime nominees. The government continues to promise reform but delivers nothing.
The violent crackdown in Syria has caused a grave breach of international peace and security that is likely to result in a serious international crisis. As the crackdown continues, there is a risk that the situation could deteriorate into sectarian conflict with a number of negative consequences, including a mass exodus of refugees into neighbouring countries. Syria has also permitted Palestinian activists to approach and cross the Israeli frontier, resulting in casualties. The Syrian crackdown threatens to cast a chill on the “Arab Spring” in the Middle East region as it encourages other regimes to resort to the use of force against people peacefully protesting for democracy and deters people from demonstrating.
Canada implemented targeted sanctions against the Syrian Government by enacting the Special Economic Measures (Syria) Regulations on May 24, 2011. The Regulations Amending the Special Economic Measures (Syria) Regulations were made on August 13, 2011, to impose restrictions on dealings with four additional members of the Syrian regime, as well as two entities, and to amend the spelling of several individuals’ names already listed. The latest Regulations Amending the Special Economic Measures (Syria) Regulations add new names to the list of designated persons; prohibit any purchase and transportation of petroleum products from Syria, and prohibit Canadian persons from making new investments in the Syrian petroleum sector. They also prohibit the provision of financial services for the purpose of investing in the oil industry or facilitating the importation of petroleum and petroleum products. This may have an adverse impact on any Canadians or Canadian companies conducting business with designated individuals or entities or operating in the petroleum sector in Syria more generally.
Description and rationale
The Governor General in Council has made these amendments to the Regulations in order to respond to the gravity of the situation in Syria, which in the Governor General in Council’s opinion constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis.
The Regulations prohibit dealings with several new persons who are members of the regime or are linked to its violent crackdown. The Regulations also prohibit the purchase and transportation of petroleum and petroleum products, except natural gas, and prohibit any new investment in the Syrian oil industry.
Consultation
The Department of Foreign Affairs and International Trade drafted the Regulations having consulted the Department of Justice, the Department of Finance, Citizenship and Immigration Canada, the Canadian International Development Agency and the Canada Border Services Agency.
Implementation, enforcement and service standards
Compliance is ensured by the Royal Canadian Mounted Police and the Canada Border Services Agency. Every person who contravenes section 3 of the Regulations is liable, upon conviction, to the punishments set out in section 8 of the Special Economic Measures Act.
Contacts
Jeffrey McLaren
Director
Gulf and Maghreb Region
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-1249
Fax: 613-944-7431
Email: Jeffrey.mclaren@international.gc.ca
Roland Legault
Deputy Director
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-1599
Fax: 613-992-2467
Email: roland.legault@international.gc.ca
Hugh Adsett
Director
United Nations, Human Rights and Economic Law Division (JLH)
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-992-6296
Fax: 613-992-2467
Email: hugh.adsett@international.gc.ca
Footnote a
S.C. 1992, c. 17
Footnote 1
SOR/2011-114