Vol. 148, No. 18 — August 27, 2014

Registration

SOR/2014-195 August 6, 2014

SPECIAL ECONOMIC MEASURES ACT

Regulations Amending the Special Economic Measures (Russia) Regulations

P.C. 2014-905 August 6, 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. Part 1 of Schedule 1 to the Special Economic Measures (Russia) Regulations (see footnote 1) is amended by adding the following after item 48:

2. Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 26:

3. Schedule 2 to the Regulations is amended by adding the following after item 2:

APPLICATION PRIOR TO PUBLICATION

4. 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

5. 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

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, June 21, 2014, and July 24, 2014.

In Berlin, on July 2, 2014, the Foreign Affairs 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 signalled 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. To date, over 1 100 people have been killed, 3 400 wounded and another 200 000 have fled the region since the Russian-backed militants launched their violent campaign.

On July 17, 2014, a Malaysia Airlines flight carrying 298 passengers and crew crashed in eastern Ukraine, killing all on board. Evidence suggests the airliner was brought down by a surfaceto-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. International experts are still unable to reach the crash site due to severe security constraints related to heavy shelling and gunfire.

Russia continues to send heavy equipment across the border. According to international sources, Russia has also fired artillery and rockets into Ukraine, including during the week after the Malaysia Airlines crash. On July 23, 2014, two more Ukrainian warplanes were shot down from Russian territory. A recent report issued by the United Nations indicates that fighting in eastern Ukraine has intensified over the past weeks and Russian-backed separatist groups have been accused of committing multiple human rights abuses, including abductions, detention, torture and execution.

According to the United Nations, there has been a large buildup of heavy weapons in the Donetsk and Luhansk regions (including artillery, tanks, rockets and missiles) that are inflicting increasing casualties and damage to civilian infrastructure, including water, electricity and sewage plants, as well as medical facilities.

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 14 individuals and 3 entities to Schedule 1, and 3 entities to Schedule 2.

Description

The proposed Regulations add 14 individuals and 3 entities to the list of designated persons in Schedule 1. It is prohibited for any person in Canada and any Canadian outside Canada to

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

The Regulations also add three entities to the list of designated persons in Schedule 2. 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 maturity longer than 90 days in relation to

The prohibition noted above 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.

It is also 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

The prohibition noted above does not apply to capital funding that occurred before the designated person was listed in Schedule 2.

“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