Regulations Amending the Special Economic Measures (Belarus) Regulations: SOR/2022-167
Canada Gazette, Part II, Volume 156, Number 14
Registration
SOR/2022-167 June 25, 2022
SPECIAL ECONOMIC MEASURES ACT
P.C. 2022-839 June 25, 2022
Whereas the Governor in Council is of the opinion that the actions of Belarus constitute a grave breach of international peace and security that has resulted in a serious international crisis;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Regulations Amending the Special Economic Measures (Belarus) Regulations under subsections 4(1)footnote a, (1.1)footnote b, (2) and (3) of the Special Economic Measures Actfootnote c.
Regulations Amending the Special Economic Measures (Belarus) Regulations
Amendments
1 Section 1 of the Special Economic Measures (Belarus) Regulations footnote 1 is amended by adding the following in alphabetical order:
- consumer communication device
- means any of the following items:
- (a) computers;
- (b) disk drives, solid-state storage equipment and other memory devices;
- (c) input/output control units, other than industrial controllers designed for chemical processing;
- (d) graphics accelerators and graphics coprocessors;
- (e) monitors;
- (f) printers;
- (g) modems, network access controllers and communications channel controllers;
- (h) keyboards, mice and similar devices;
- (i) mobile phones, including cellular and satellite telephones, personal digital assistants, subscriber identity module (SIM) cards and similar devices;
- (j) information security equipment and peripherals;
- (k) digital cameras and memory cards;
- (l) television and radio receivers;
- (m) recording devices;
- (n) batteries, chargers, carrying cases and accessories for a good referred to in paragraphs (a) to (m); and
- (o) software, other than encryption source code, for use with a good referred to in paragraphs (a) to (n). (dispositif de communication)
- Restricted Goods and Technologies List
- means the Restricted Goods and Technologies List, prepared by the Department of Foreign Affairs, Trade and Development and published on the Department’s website, as amended from time to time. (Liste des marchandises et technologies réglementées)
2 (1) Subsections 3.6(1) and (2) of the Regulations are replaced by the following:
Restricted goods
(1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good, wherever situated, to Belarus or to any person in Belarus if the good is referred to in the Restricted Goods and Technologies List or in Schedule 3.
Restricted technologies
(2) It is prohibited for any person in Canada and any Canadian outside Canada to provide to Belarus or to any person in Belarus any technology that is referred to in the Restricted Goods and Technologies List or in Schedule 3.
(2) Paragraph 3.6(3)(a) of the Regulations is replaced by the following:
- (a) goods temporarily exported for use by a representative of the media from Canada or from a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List;
(3) Paragraph 3.6(3)(c) of the Regulations is replaced by the following:
- (c) goods for use by a department or agency of the Government of Canada or of a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List;
(4) Paragraph 3.6(3)(f) of the Regulations is replaced by the following:
- (f) software updates for end-users that are civilian entities that are owned, held or controlled by a Canadian or a national of a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List, or subsidiaries of those entities;
(5) Paragraph 3.6(3)(l) of the French version of the Regulations is replaced by the following:
- l) aux effets personnels qui sont exportés par une personne physique, qui sont uniquement destinés à son usage personnel ou à celui de sa famille immédiate et qui ne sont destinés ni à être vendus au Bélarus ni à y demeurer, à moins d’y être consommés.
(6) Subsection 3.6(5) of the Regulations is repealed.
3 The Regulations are amended by adding the following after section 3.6:
Luxury goods — export
3.7 (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good referred to in column 1 of Part 1 of Schedule 4, wherever situated, to Belarus or to any person in Belarus.
Non-application
(2) Subsection (1) does not apply to personal effects that are taken by an individual leaving Canada for Belarus that are solely for the use of the individual or the individual’s immediate family.
Luxury goods — import
(3) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase or acquire any good referred to in column 1 of Part 2 of Schedule 4, wherever situated, from Belarus or from any person in Belarus.
Non-application
(4) Subsection (3) does not apply to personal effects that are taken by an individual leaving Belarus that are solely for the use of the individual or the individual’s immediate family.
Taking effect of subsections (1) and (3)
(5) Subsections (1) and (3) take effect 60 days after the day on which they come into force.
Goods — manufacture of weapons
3.8 (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good referred to in column 1 of Schedule 5, wherever situated, to Belarus or to any person in Belarus.
Non-application — goods
(2) Subsection (1) does not apply to
- (a) goods temporarily exported for use by a representative of the media from Canada or from a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List;
- (b) goods for use in support of international nuclear safeguards verifications;
- (c) goods for use by a department or agency of the Government of Canada or of a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List;
- (d) goods for use in inspections under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed at Paris, France on January 13, 1993, as amended from time to time;
- (e) goods for use in relation to the activities of the International Space Station;
- (f) software updates for an end-user that is a civilian entity that is owned, held or controlled by a Canadian or a national of a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List, or subsidiaries of those entities;
- (g) civil aircraft registered in a foreign state that are departing from Canada after a temporary sojourn in Canada or civil aircraft registered in Canada departing for a temporary sojourn abroad;
- (h) the following goods, if stored on board an aircraft or ship:
- (i) equipment and spare parts that are necessary for the proper operation of the aircraft or ship, or
- (ii) usual and reasonable quantities of supplies intended for consumption on board the aircraft or ship during the outgoing and return flight or voyage;
- (i) goods exported for use or consumption on an aircraft or ship that is registered in Canada or the United States;
- (j) goods exported by an air carrier that is owned by a Canadian or a national of the United States for use in the maintenance, repair or operation of an aircraft registered in Canada or the United States;
- (k) consumer communication devices that are generally available to the public and designed to be installed by the user without further substantial support; and
- (l) personal effects exported by an individual that are solely for the use of the individual or the individual’s immediate family and are not intended for sale or to remain in Belarus unless consumed there.
Taking effect of subsection (1)
(3) Subsection (1) takes effect 60 days after the day on which it comes into force.
4 Section 5 of the Regulations is replaced by the following:
Assisting in prohibited activity
5 It is prohibited for any person in Canada and any Canadian outside Canada to knowingly do anything that causes, facilitates or assists in, or is intended to cause, facilitate or assist in, any activity prohibited by sections 3 to 3.8.
5 Part 1.1 of Schedule 1 to the Regulations is amended by adding the following in numerical order:
- 51 Dzmitry Valeryevich PAULICHENKA (born in 1966)
- 52 Yury Leanidavich SIVAKOV (born on August 5, 1946)
- 53 Viktar Uladzimiravich SHEIMAN (born on May 26, 1958)
- 54 Andrii SICH (born on September 20, 1990)
- 55 Igor Viktorovich PETRISHENKO (born on October 19, 1965)
- 56 Yury Victorovych NAZAROV (born in 1962)
- 57 Roman Aleksandrovich GOLOVCHENKO (born on August 10, 1973)
- 58 Vladimir Vladimirovich MAKEY (born in 1958)
- 59 Yury Mikhailovich SELIVERSTOV (born in 1978)
- 60 Aleksander Viktorovich CHERVYAKOV (born in 1966)
- 61 Viktor Mikhailovich KARANKEVICH (born in 1976)
- 62 Uladzimir Borisovich PIARTSOU (born in 1974)
- 63 Kanstantsin Konstantinovich SHULHAN (born in 1965)
6 Part 2 of Schedule 1 to the Regulations is amended by adding the following in numerical order:
- 38 Belramoshservice
- 39 Belteleradio Company
7 Schedule 3 of the Regulations is replaced by the Schedules 3 to 5 set out in the schedule to these Regulations.
Application Before Publication
8 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
9 These Regulations come into force on the day on which they are registered.
SCHEDULE
(Section 7)
SCHEDULE 3
(Subsections 3.6(1) and (2))
Goods and Technologies
Interpretation
1 In this Schedule, development, electronic assembly, energetic material, production, required, software and use have the same meaning as under the heading “Definitions of Terms Used in Groups 1 And 2” of A Guide to Canada’s Export Control List, published by the Department of Foreign Affairs, Trade and Development, as amended from time to time.
Non-application
2 This Schedule does not apply to goods or technologies that are subject to export control under the Export Control List, unless the good or technology is described in item 5400 of Group 5 of the schedule to that List.
| Item |
Column 1 Goods and Technologies |
|---|---|
1 |
Equipment, electronic assemblies and components, specially designed for quantum computers table a1 note 1 , quantum electronics, quantum sensors, quantum processing units, qubit circuits, qubit devices table a1 note 2 or quantum radar systems. |
2 |
Cryogenic refrigeration systems table a1 note 3 designed to maintain temperatures below 1.1 kelvin for 48 hours or more and cryogenic refrigeration equipment and components therefor, as follows:
|
3 |
Ultra-high vacuum (UHV) table a1 note 4 equipment, as follows:
|
4 |
High quantum efficiency photodetectors with a quantum efficiency greater than 80% in the wavelength range exceeding 300 nanometres but not exceeding 1700 nanometres. |
5 |
Manufacturing equipment, as follows:
|
6 |
Metal powders and metal alloy powders usable for the additive manufacturing equipment referred to in Item 5(a). |
7 |
Microscopes, related equipment and detectors, as follows:
|
8 |
Decapsulation table a1 note 5 equipment for semiconductor devices. |
9 |
Software specially designed or modified for the development, production or use of the systems, equipment and components referred to in Items 1 to 8. |
10 |
Software for digital twins of additive manufactured products or for the determination of the reliability of additive manufactured products. |
11 |
Technology required for the development, production or use of the systems, equipment, components or software referred to in Items 1 to 10. |
Table a1 note(s)
|
|
SCHEDULE 4
(Subsection 3.7(1) and (3))
PART 1
| Item |
Column 1 Goods |
Column 2 Harmonized Commodity Description and Coding System code table a2 note a |
|---|---|---|
1 |
Beer made from malt |
220300 |
2 |
Sparkling wine of fresh grapes |
220410 |
3 |
Wine other than sparkling wine and grape must with fermentation prevented or arrested by the addition of alcohol: in containers holding 2 liters or less |
220421 |
4 |
Wine other than sparkling wine and grape must with fermentation prevented or arrested by the addition of alcohol: in containers holding more than 2 liters but not more than 10 liters |
220422 |
5 |
Wine other than sparkling wine and grape must with fermentation prevented or arrested by the addition of alcohol: in containers holding over 10 liters |
220429 |
6 |
Grape must other than with fermentation prevented or arrested by the addition of alcohol |
220430 |
7 |
Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances, in containers holding 2 litres of less |
220510 |
8 |
Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances, in containers holding more than 2 litres |
220590 |
9 |
Fermented beverages (for example, cider, perry, mead and sake); mixtures of fermented beverages and mixtures of fermented beverages and non-alcohol beverages, other than beer made from malt, wine, grape must, vermouth and other wine of fresh grapes flavoured with plants or aromatic substances |
220600 |
10 |
Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher |
220710 |
11 |
Spirits obtained by distilling grape wine or grape marc |
220820 |
12 |
Whiskies |
220830 |
13 |
Rum and other spirits obtained by distilling fermented sugar-cane products |
220840 |
14 |
Gin and Geneva |
220850 |
15 |
Vodka |
220860 |
16 |
Liqueurs and cordials |
220870 |
17 |
Spirituous beverages other than spirits obtained by distilling grape wine or grape marc, whiskies, rum and other spirits obtained by distilling fermented sugar-cane products, gin, geneva, vodka, liqueurs and cordials |
220890 |
18 |
Tobacco, not stemmed/stripped |
240110 |
19 |
Tobacco, partly or wholly |
240120 |
20 |
Tobacco refuse (waste) |
240130 |
21 |
Cigars, cheroots and cigarillos, containing tobacco |
240210 |
22 |
Cigarettes containing tobacco |
240220 |
23 |
Cigars, cheroots, cigarillos and cigarettes of tobacco substitutes, not containing tobacco |
240290 |
24 |
Water pipe tobacco |
240311 |
25 |
Smoking tobacco, whether or not containing tobacco substitutes in any proportion, other than water pipe tobacco |
240319 |
26 |
Homogenized or reconstituted tobacco |
240391 |
27 |
Manufactured tobacco and its substitutes, other than smoking tobacco or homogenized or reconstituted tobacco; tobacco extracts and essences |
240399 |
28 |
Products containing tobacco or reconstituted tobacco intended for inhalation without combustion |
240411 |
29 |
Products containing nicotine intended for inhalation without combustion, other than products containing tobacco or reconstituted tobacco |
240412 |
30 |
Products intended for inhalation without combustion, other than products containing tobacco or reconstituted tobacco, or products containing nicotine |
240419 |
31 |
Products containing tobacco, reconstituted tobacco, nicotine, or tobacco or nicotine substitutes, intended for oral application |
240491 |
32 |
Products containing tobacco, reconstituted tobacco, nicotine, or tobacco or nicotine substitutes, intended for transdermal application |
240492 |
33 |
Products containing tobacco, reconstituted tobacco, nicotine, or tobacco or nicotine substitutes, intended for applications other than oral or transdermal |
240499 |
34 |
Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, other than those of a kind used in the food or drink industries |
330290 |
35 |
Perfumes and toilet waters |
330300 |
36 |
Lip make-up preparations |
330410 |
37 |
Eye make-up Preparations |
330420 |
38 |
Beauty or make-up preparations and preparations for the care of the skin (other than medicaments): powders, whether or not compressed |
330491 |
39 |
Beauty or make-up preparations and preparations for the care of the skin (other than medicaments), including sunscreen or sun tan preparations: other than those specified elsewhere in this list |
330499 |
40 |
Depilatories and other perfumery or cosmetic and toilet preparations, other than pre-shave, shaving or after-shave preparations, personal deodorants and antiperspirants, and preparations for perfuming or deodorizing rooms, including odoriferous preparations used during religious rites |
330790 |
41 |
Monofilament of which any cross-sectional dimension exceeds 1 mm, rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics other than polymers of ethylene or polymers of vinyl chloride |
391690 |
42 |
Articles of apparel and clothing accessories (including gloves, mittens and mitts), of plastics |
392620 |
43 |
Statuettes and other ornamental articles, of plastics |
392640 |
44 |
Articles of plastics, other than office or school supplies, articles of apparel and clothing accessories, fittings for furniture, coachwork or the like, or statuettes and other ornamental articles |
392690 |
45 |
Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels and similar containers, with outer surface of leather or of composition leather |
420211 |
46 |
Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels and similar containers, with outer surface of plastics or of textile materials |
420212 |
47 |
Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels and similar containers, with outer surface of other than leather, composition leather, plastics, or textile materials |
420219 |
48 |
Handbags, whether or not with shoulder strap or handles, with outer surface of leather or of composition leather |
420221 |
49 |
Handbags, whether or not with shoulder strap, including those without handle, with outer surface of sheeting of plastics or of textile materials |
420222 |
50 |
Handbags, whether or not with shoulder strap, including those without handle, with outer surface made of material other than leather, composition leather, sheeting of plastics or textile materials |
420229 |
51 |
Articles normally carried in the pocket or handbag, with outer surface of leather or of composition leather |
420231 |
52 |
Articles normally carried in the pocket or handbag, with outer surface of sheeting of plastics or of textile materials |
420232 |
53 |
Articles normally carried in the pocket or handbag, with outer surface of materials other than leather, composition leather, sheeting of plastics or of textile materials |
420239 |
54 |
Containers, bags, boxes and cases, other than trunks, suit-cases, vanity-cases, executive-cases, brief-cases and similar containers, handbags, and articles normally carried in the pocket or handbag, with outer surface of leather or of composition leather |
420291 |
55 |
Containers, bags, boxes and cases, other than trunks, suit-cases, vanity-cases, executive-cases, brief-cases and similar containers, handbags, and articles normally carried in the pocket or handbag, with outer surface other than leather, composition leather, sheeting of plastics or of textile materials |
420299 |
56 |
Leather or composition leather clothing accessories, other than gloves, mittens, mitts, belts and bandoliers |
420340 |
57 |
Mink furskins, raw, whole, with or without head, tail or paws |
430110 |
58 |
Lamb furskins, raw, whole |
430130 |
59 |
Fox furskins, raw, whole, with or without head, tail or paws |
430160 |
60 |
Furskins, other than mink, lamb or fox, raw, whole, with or without head, tail or paws |
430180 |
61 |
Heads, tails, paws and other cuttings suitable for furrier’s use |
430190 |
62 |
Tanned or dressed mink furskins |
430211 |
63 |
Furskins of animal other than mink, tanned or dressed, whole, with or without head, tail or paws, not assembled |
430219 |
64 |
Furskin tanned or dresssed: heads, tails, paws and other pieces or cuttings, not assembled |
430220 |
65 |
Furskins, whole and pieces or cuttings thereof, tanned or dressed, assembled |
430230 |
66 |
Articles of apparel and clothing accessories of furskins |
430310 |
67 |
Articles of furskins, other than articles of apparel and clothing accessories |
430390 |
68 |
Artificial fur and articles thereof |
430400 |
69 |
Statuettes and other ornaments of tropical woods |
442011 |
70 |
Statuettes and other ornaments, in wood other than tropical woods |
442019 |
71 |
Unused postage, revenue or similar stamps of current or new issue in the country in which they have, or will have, a recognized face value; stamp-impressed paper; banknotes; cheque forms; stock, share or bond certificates and similar documents of title |
490700 |
72 |
Silk-worm cocoons suitable for reeling |
500100 |
73 |
Raw silk (not thrown) |
500200 |
74 |
Silk waste |
500300 |
75 |
Silk yarn not put up for retail sale |
500400 |
76 |
Yarn spun from silk waste, not put up for retail sale |
500500 |
77 |
Silk yarn and yarn spun from silk waste, put up for retail sale; silk-worm gut |
500600 |
78 |
Fabrics of noil silk |
500710 |
79 |
Fabrics containing 85% or more by weight of silk or of silk waste other than noil silk |
500720 |
80 |
Silk fabrics other than those specified elsewhere in this list |
500790 |
81 |
Nonwovens, whether or not impregnated, coated, covered or laminated, not of manmade filaments, weighing more than 150 g/m2 |
560394 |
82 |
Carpets and other textile floor coverings, knotted, whether or not made up, of wool or fine animal hair |
570110 |
83 |
Carpets and other textile floor coverings, knotted, whether or not made up, of textile materials other than wool or fine animal hair |
570190 |
84 |
"Kelem", "Schumacks", "Karamanie" and similar hand-woven rugs |
570210 |
85 |
Floor coverings of coconut fibers (coir), woven, not tufted or flocked, whether or not made up |
570220 |
86 |
Carpets and other textile floor coverings, woven, not tufted or flocked, whether or not made up, of wool or fine animal hair |
570231 |
87 |
Carpets and other textile floor coverings, woven, not tufted or flocked, whether or not made up, of man-made textile materials |
570232 |
88 |
Carpets and other textile floor coverings, woven, not tufted or flocked, whether or not made up, of textile materials other than wool, animal hair and man-made textile materials |
570239 |
89 |
Carpets and other textile floor coverings, woven, not tufted or flocked, of pile construction, made-up, of wool or fine animal hair |
570241 |
90 |
Carpets and other textile floor coverings, woven, not tufted or flocked, of pile construction, made-up, of man-made textile materials |
570242 |
91 |
Carpets and other textile floor coverings, woven, not tufted or flocked, of pile construction, made-up, of materials other than wool, fine animal hair or man-made textile materials |
570249 |
92 |
Carpets and other textile floor coverings, woven, not tufted or flocked, not of pile construction, not made up |
570250 |
93 |
Carpets and other textile floor coverings, woven, not tufted or flocked, not of pile construction, made up, of wool or fine animal hair |
570291 |
94 |
Carpets and other textile floor coverings, woven, not tufted or flocked, not of pile construction, made up, of man-made textile materials |
570292 |
95 |
Carpets and other textile floor coverings, woven, not tufted or flocked, not of pile construction, made up, of materials other than wool, fine animal hair or man-made textile materials |
570299 |
96 |
Carpets and other textile floor coverings (including turf), tufted, whether or not made up, of wool or fine animal hair |
570310 |
97 |
Turf of nylon or other polyamides |
570321 |
98 |
Carpets and other textile floor coverings (other than turf), tufted, whether or not made up, of nylon or other polyamides |
570329 |
99 |
Turf of man-made materials other than nylon or polyamides |
570331 |
100 |
Carpets and other textile floor coverings (other than turf), tufted, whether or not made up, of man-made textile materials other than nylon and polyamides |
570339 |
101 |
Carpets and other textile floor coverings (including turf), tufted, whether or not made up, of textile materials other than wool, fine animal hair or man-made textile materials. |
570390 |
102 |
Carpets and other textile floor coverings, of felt, not tufted or flocked, whether or not made up: tiles, having a maximum surface area surface of 0.3 m2 or less |
570410 |
103 |
Carpets and other textile floor coverings, of felt, not tufted or flocked, whether or not made up: tiles, having a maximum surface area exceeding 0.3 m2 but not exceeding 1 m2 |
570420 |
104 |
Carpets and other textile floor coverings, of felt, not tufted or flocked, whether or not made up: tiles, having a maximum surface area exceeding 1 m2 |
570490 |
105 |
Carpets and other textile floor coverings, whether or not made-up, other than knotted, woven, tufted, or of felt |
570500 |
106 |
Hand-woven tapestries of the type Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up |
580500 |
107 |
Narrow woven fabrics (other than labels, badges and similar articles of textile materials) and narrow fabrics consisting of warp without weft assembled by means of an adhesive (bolducs): of woven fabrics other than pile fabrics (including terry towelling and similar terry fabrics) and chenille fabrics, coton, man-made fibres, or of woven fabrics other than those containing by weight 5% or more of elastomeric yarn or rubber thread |
580639 |
108 |
Textile wall coverings |
590500 |
109 |
Jerseys, pullovers, cardigans, waistcoats and similar articles, knitted or crocheted, of man-made fibres |
611030 |
110 |
Track suits, knitted or crocheted, of cotton |
611211 |
111 |
Track suits, knitted or crocheted, of synthetic fibres |
611212 |
112 |
Track suits, knitted or crocheted, of textile materials other than cotton or synthetic fibres |
611219 |
113 |
Ski suits, knitted or crocheted |
611220 |
114 |
Men’s or boys’ swimwear, knitted or crocheted, of synthetic fibers |
611231 |
115 |
Men’s or boys’ swimwear, knitted or crocheted, of textile materials other than synthetic fibers |
611239 |
116 |
Women’s or girls’ swimwear, knitted or crocheted, of synthetic fibers |
611241 |
117 |
Women’s or girls’ swimwear, knitted or crocheted, of textile materials other than synthetic fibers |
611249 |
118 |
Women’s or girls’ blouses, shirts and shirt-blouses, of silk or silk waste, not knitted or crocheted |
620610 |
119 |
Men’s or boys’ swimwear, not knitted or crocheted |
621111 |
120 |
Women’s or girls’ swimwear, not knitted or crocheted |
621112 |
121 |
Ski suits, not knitted or crocheted |
621120 |
122 |
Handkerchiefs, of textile materials other than cotton |
621390 |
123 |
Shawls, scarves, mufflers, mantillas, veils and the like, not knitted or crocheted, of silk or silk waste |
621410 |
124 |
Ties, bow ties and cravats, of silk or silk waste |
621510 |
125 |
Blankets (other than electric blankets) and traveling rugs, of wool or fine animal hair |
630120 |
126 |
Blankets (other than electric blankets) and traveling rugs, of cotton |
630130 |
127 |
Blankets (other than electric blankets) and traveling rugs, of synthetic fibers |
630140 |
128 |
Blankets (other than electric blankets) and travelling rugs other than of wool or fine animal hair, of cotton or of synthetic fibers |
630190 |
129 |
Tents, of synthetic fibers |
630622 |
130 |
Tents, of textile materials other than synthetic fibers |
630629 |
131 |
Sails |
630630 |
132 |
Camping goods made of textiles, other than tents and pneumatic mattresses |
630690 |
133 |
Life jackets and life belts, of textile materials |
630720 |
134 |
Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale |
630800 |
135 |
Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes (other than footwear incorporating a protective metal toe-cap), covering the ankle but not covering the knee |
640192 |
136 |
Footwear with outer soles and uppers of rubber or plastics: ski-boots and cross-country ski footwear and snowboard boots |
640212 |
137 |
Footwear with outer soles and uppers of rubber or plastics: sports footwear, other than ski-boots and cross-country ski footwear and snowboard boots |
640219 |
138 |
Footwear, with outer soles and uppers of rubber or plastics (other than sports footwear and footwear with upper straps or thongs assembled to the sole by means of plugs), not covering the ankle |
640299 |
139 |
Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: sports footwear, ski-boots and cross-country ski footwear and snowboard boots |
640312 |
140 |
Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather: sports footwear, other than ski-boots and cross-country ski footwear and snowboard boots |
640319 |
141 |
Footwear with outer soles of leather, and uppers which consist of leather straps across the instep and around the big toe |
640320 |
142 |
Footwear, with outer soles of rubber, plastics, leather or composition leather and uppers of leather, incorporating a protective metal toe-cap |
640340 |
143 |
Footwear with outer soles of leather (other than sports footwear, footwear which consist of leather straps across the instep and around the big toe, or footwear incorporating a protective metal toe-cap), covering the ankle |
640351 |
144 |
Footwear with outer soles of leather (other than sports footwear, footwear which consist of leather straps across the instep and around the big toe, or footwear incorporating a protective metal toe-cap), not covering the ankle |
640359 |
145 |
Footwear with outer soles of rubber or plastics, and uppers of leather (other than sports footwear, footwear with outer soles of leather, and uppers which consist of leather straps across the instep and around the big toe, incorporating a protective metal toe-cap), covering the ankle |
640391 |
146 |
Footwear with outer soles of rubber or plastics, and uppers of leather (other than sports footwear, footwear with outer soles of leather, and uppers which consist of leather straps across the instep and around the big toe, incorporating a protective metal toe-cap), not covering the ankle |
640399 |
147 |
Footwear with outer soles of rubber or plastics and uppers of textile materials: sports footwear, including tennis shoes, basketball shoes and gym shoes, trainign shoes and the like |
640411 |
148 |
Footwear, with outer soles of leather or composition leather and uppers of textile materials |
640420 |
149 |
Footwear, with uppers of leather or composition leather, other than those specified elsewhere in this list |
640510 |
150 |
Safety headgear (including sports), whether or not lined or trimmed |
650610 |
151 |
Headgear, whether or not lined or trimmed (other that plaited or made by assembling strips of any material, knitted or crocheted, or made up from lace, felt or other textile fabric, hair-nets of any material, or safety headgear), of materials other than rubber or plastics |
650699 |
152 |
Skins and other parts of birds with their feathers or down, feathers, parts of feathers, down and articles thereof (other than not further worked than cleaned, disinfected or treated for preservation) and worked quills and scapes |
670100 |
153 |
Ceramic tableware and kitchenware, of porcelain or china |
691110 |
154 |
Household articles and toilet articles, of porcelain or china |
691190 |
155 |
Ceramic statuettes and other ornamental articles, of porcelain or china |
691310 |
156 |
Ceramic statuettes and other ornamental articles, of other than porcelain or china |
691390 |
157 |
Ceramic articles of porcelain or china (other than bricks, blocks, tiles and other ceramic goods of siliceous fossil meals, refractory ceramic goods, building bricks, flooring blocks, support or filler tiles and the like, roofing tiles, chimney-pots, cowls, chimney liners, architectural ornaments, pipes, conduits, guttering and pipe fittings, ceramic flags and paving, hearth or wall tiles, ceramic mosaic cubes and the like, whether or not on a backing, finishing ceramics, ceramic wares for laboratory, chemical or other technical uses, ceramic troughs, tubs and similar receptacles of a kind used in agriculture, ceramic pots, jars and similar articles of a kind used for the conveyance or packing of goods, sinks, wash basins, wash basin pedestals, baths, bidets, water closet pans, flushing cisterns, urinals and similar sanitary fixtures, tableware, kitchenware, other household articles, toilet articles, statuettes and other ornamental articles) |
691410 |
158 |
Ceramic articles (other than bricks, blocks, tiles and other ceramic goods of siliceous fossil meals, refractory ceramic goods, other than those of siliceous fossil meals or of similar siliceous earths, ceramic building bricks, flooring blocks, support or filler tiles and the like, roofing tiles, chimney-pots, cowls, chimney liners, architectural ornaments and other ceramic constructional goods, ceramic pipes, conduits, guttering and pipe fittings, ceramic flags and paving, hearth or wall tiles, ceramic mosaic cubes and the like, whether or not on a backing, finishing ceramics, ceramic wares for laboratory, chemical or other technical uses, ceramic troughs, tubs and similar receptacles of a kind used in agriculture, ceramic pots, jars and similar articles of a kind used for the conveyance or packing of goods, ceramic sinks, wash basins, wash basin pedestals, baths, bidets, water closet pans, flushing cisterns, urinals and similar sanitary fixtures, tableware, kitchenware, other household articles and toilet articles, statuettes and other ornamental ceramic articles), of other than porcelain or china |
691490 |
159 |
Stemware drinking glasses of lead crystal |
701322 |
160 |
Drinking glasses, other than stemware drinking glasses, of lead crystal |
701333 |
161 |
Table or kitchen glassware (other than drinking glasses), other than of glass-ceramics, of lead crystal |
701341 |
162 |
Glassware of a kind used for table or kitchen purposes (other than drinking glasses), of lead crystal |
701391 |
163 |
Natural pearls |
710110 |
164 |
Unworked cultured pearls |
710121 |
165 |
Worked cultured pearls |
710122 |
166 |
Unsorted diamonds, whether or not worked, but not mounted or set |
710210 |
167 |
Precious stones (other than diamonds) and semiprecious stones, unworked or simply sawn or roughly shaped |
710310 |
168 |
Rubies, sapphires and emeralds, otherwise worked |
710391 |
169 |
Precious stones (other than diamonds) and semiprecious stones, otherwise worked, other than rubies, sapphires and emeralds |
710399 |
170 |
Diamonds, unworked or simply sawn or roughly shaped |
710421 |
171 |
Synthetic or reconstructed precious or semi-precious stones (other than diamonds), unworked or simply sawn or roughly shaped |
710429 |
172 |
Diamonds, cut but not set, and suitable for use in the manufacture of jewelry |
710491 |
173 |
Synthetic or reconstructed precious or semi-precious stones (other than diamonds), cut but not set, and suitable for use in the manufacture of jewelry |
710499 |
174 |
Silver, unwrought, other than powder |
710691 |
175 |
Silver, semi-manufactured, other than powder |
710692 |
176 |
Gold, non-monetary, unwrought, other than powder |
710812 |
177 |
Gold, non-monetary, semi-manufactured forms, other than powder |
710813 |
178 |
Articles of jewelry and parts thereof, of silver, whether or not plated or clad with other precious metal |
711311 |
179 |
Articles of jewelry and parts thereof, of precious metal other than silver, whether or not plated or clad with precious metal |
711319 |
180 |
Articles of jewelry and parts thereof, of base metal clad with precious metal |
711320 |
181 |
Articles of goldsmiths’ or silversmiths’ wares and parts thereof, of precious metal other than silver, whether or not plated or clad with precious metal |
711419 |
182 |
Articles of goldsmiths’ or silversmiths’ wares and parts thereof, of base metal clad with precious metal |
711420 |
183 |
Articles of precious metal or of metal clad with precious metal, other than articles of jewellery and parts thereof, articles of goldsmiths’ or silversmiths’ wares and parts thereof, or catalysts in the form of wire cloth or grill |
711590 |
184 |
Articles of natural or cultured |
711610 |
185 |
Articles of precious or |
711620 |
186 |
Imitation jewelry, of base metal, whether or not plated with precious metal, other than cuff-links and studs |
711719 |
187 |
Coin (other than gold coin), not being legal tender |
711810 |
188 |
Articles of goldsmiths’ or silversmiths’ wares and parts thereof, of base metal clad with precious metal |
711890 |
189 |
Articles of precious metal or of metal clad with precious metal, other than articles of jewellery and parts thereof, articles of goldsmiths’ or silversmiths’ wares and parts thereof, or catalysts in the form of wire cloth or grill |
732690 |
190 |
Statuettes and other ornaments, of base metal, plated with precious metal |
830621 |
191 |
Statuettes and other ornaments, of base metal, not plated with precious metal |
830629 |
192 |
Spark-ignition reciprocating or rotary internal combustion piston engines, outboard engines for marine propulsion |
840721 |
193 |
Spark-ignition reciprocating or rotary internal combustion piston engines, for marine propulsion, other than outboard engines |
840729 |
194 |
Compression-ignition internal combustion piston engines (diesel or semi-diesel engines), for marine propulsion |
840810 |
195 |
Parts suitable for use solely or principally with spark-ignition internal combustion piston engines, other than for use with aircarft engines |
840991 |
196 |
Hydraulic power engines and motors, other than linear acting (cylinders) motors |
841229 |
197 |
Parts for pneumatic or hydraulic power engines and motors, and parts for reaction engines other than turbo-jets |
841290 |
198 |
Portable digital automatic data processing machines, weight not more than 10 Kg, consisting of at least a central processing unit, a keyboard and a display |
847130 |
199 |
Passenger motor vehicles specially designed for traveling on snow; golf carts and similar vehicles |
870310 |
200 |
Passenger motor vehicles with spark-ignition internal combustion reciprocating piston engine, cylinder capacity not over 1,000 cc |
870321 |
201 |
Passenger motor vehicles with spark-ignition internal combustion reciprocating piston engine, cylinder capacity over 1,000 cc but not over 1,500 cc |
870322 |
202 |
Passenger motor vehicles with spark-ignition internal combustion reciprocating piston engine, cylinder capacity over 1,500 cc but not over 3,000 cc |
870323 |
203 |
Passenger motor vehicles with spark-ignition internal combustion reciprocating piston engine, cylinder capacity over 3,000 cc |
870324 |
204 |
Passenger motor vehicles with compression-ignition internal combustion piston engine (diesel or semi-diesel), cylinder capacity not over 1,500 cc |
870331 |
205 |
Passenger motor vehicles with compression-ignition internal combustion piston engine (diesel), cylinder capacity over 1,500 cc but not over 2,500 cc |
870332 |
206 |
Passenger motor vehicles with compression-ignition internal combustion piston engine (diesel), cylinder capacity over 2,500 cc |
870333 |
207 |
Passenger motor vehicles, with both spark-ignition internal combustion piston engine and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power |
870340 |
208 |
Passenger motor vehicles, with both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion, other than those capable of being charged by plugging to external source of electric power |
870350 |
209 |
Passenger motor vehicles, with both spark-ignition internal combustion piston engine and electric motor as motors for propulsion, capable of being charged by plugging to external source of electric power |
870360 |
210 |
Passenger motor vehicles, with both compression-ignition internal combustion piston engine (diesel or semi-diesel) and electric motor as motors for propulsion, capable of being charged by plugging to external source of electric power |
870370 |
211 |
Passenger motor vehicles with only electric motor for propulsion |
870380 |
212 |
Passenger motor vehicles, other than those specified elsewhere in this list |
870390 |
213 |
Chassis fitted with engines for tractors, motor vehicles for passengers, goods transport vehicles and special purpose motor vehicles |
870600 |
214 |
Bodies (including cabs) for motor vehicles principally designed for the transport of persons |
870710 |
215 |
Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars, with internal combustion piston engine of a cylinder capacity exceeding 50 cc but not exceeding 250 cc |
871120 |
216 |
Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars, with internal combustion piston engine of a cylinder capacity exceeding 250 cc but not exceeding 500 cc |
871130 |
217 |
Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars, with internal combustion piston engine of a cylinder capacity exceeding 500 cc but not exceeding 800 cc |
871140 |
218 |
Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars, with internal combustion piston engine of a cylinder capacity exceeding 800 cc |
871150 |
219 |
Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars, with electric motor for propulsion |
871160 |
220 |
Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars, not elsewhere specified in this list and of a cylinder capacity exceeding 50 cc; side-cars |
871190 |
221 |
Parts and accessories of motorcycles (including mopeds) |
871410 |
222 |
Breathing appliances (other than ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus) and gas masks, excluding protecting masks having neither mechanical parts nor replaceable filters |
902000 |
223 |
Wrist watches, electrically operated, with cases of precious metal (or of metal clad with precious metal), with mechanical display |
910111 |
224 |
Wrist watches, electrically operated, with cases of precious metal (or of metal clad with precious metal), with a display other than mechanical |
910119 |
225 |
Wrist watches with automatic winding, with cases of precious metal (or of metal clad with precious metal) |
910121 |
226 |
Wrist watches with cases of precious metal (or of metal clad with precious metal), other than electrically operated or with automatic winding |
910129 |
227 |
Pocket-watches and other watches, including stop watches, with case of precious metal or of metal clad with precious metal, electrically operated |
910191 |
228 |
Pocket-watches and other watches, including stop watches, with case of precious metal or of metal clad with precious metal, other than electrically operated |
910199 |
229 |
Watch cases of precious metals or metal clad with precious metal |
911110 |
230 |
Parts of watch cases |
911190 |
231 |
Watch straps, bands and bracelets, and parts thereof, of precious metals or of metal clad with precious metal |
911310 |
232 |
Grand pianos |
920120 |
233 |
Worked ivory and articles of ivory |
960110 |
234 |
Bone, tortoise-shell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials |
960190 |
235 |
Worked vegetable or mineral carving material and articles of these materials |
960200 |
236 |
Artists’ Brushes, Writing Brushes And Similar Brushes For The Application Of Cosmetics |
960330 |
237 |
Fountain pens, stylograph pens |
960830 |
238 |
Powder-puffs and pads for the application of cosmetic or toilet preparations |
961620 |
239 |
Paintings, drawings and pastels, executed entirely by hand, of age exceeding 100 years |
970121 |
240 |
Mosaics of an age exceeding 100 years |
970122 |
241 |
Collages and decorative plaques of an age exceeding 100 years |
970129 |
242 |
Paintings, drawings and pastels, executed entirely by hand, of age not exceeding 100 years |
970191 |
243 |
Mosaics of an age not exceeding 100 years |
970192 |
244 |
Collages and decorative plaques of an age not exceeding 100 years |
970199 |
245 |
Original engravings, prints and lithographs, of an age exceeding 100 years |
970210 |
246 |
Original engravings, prints and lithographs, of an age not exceeding 100 years |
970290 |
247 |
Original sculpture and struary in any material, of an age exceeding 100 years |
970310 |
248 |
Original sculpture and struary in any material, of an age not exceeding 100 years |
970390 |
249 |
Postage or revenue stamps |
970400 |
250 |
Collections or collectors’ pieces of archaeological, ethnographic or historical interest |
970510 |
251 |
Collections or collectors’ pieces of zoolofical, botanical, anatomical, paleontolofical interest: human specimens and parts thereof |
970521 |
252 |
Collections or collectors’ pieces of zoolofical, botanical, anatomical, paleontolofical interest: extinct or endangered species and parts thereof |
970522 |
253 |
Collections or collectors’ pieces of zoolofical, botanical, anatomical, paleontolofical interest: other than human specimens or extinct or endangered species |
970529 |
254 |
Collections or collectors’ pieces of numismatic interests, of an age exceeding 100 years |
970531 |
255 |
Collections or collectors’ pieces of numismatic interests, of an age not exceeding 100 years |
970539 |
256 |
Antiques of an age exceeding 250 years |
970610 |
257 |
Antiques of an age exceeding 100 years but not 250 years |
970690 |
Table a2 note(s)
|
||
PART 2
| Item | Column 1 Goods | Column 2 Harmonized Commodity Description and Coding System code table b1 note a |
|---|---|---|
| 1 | Live fish | 301 |
| 2 | Fish, fresh or chilled, excluding fish fillets and other fish meat (whether or not minced) | 302 |
| 3 | Fish, frozen, excluding fish fillets and other fish meat (whether or not minced) | 303 |
| 4 | Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen | 304 |
| 5 | Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process | 305 |
| 6 | Crustaceans, whether in shell or not, live, fresh, chilled, frozen, dried, salted or in brine; smoked crustaceans, whether in shell or not, whether or not cooked before or during the smoking process; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine | 306 |
| 7 | Caviar | 160431 |
| 8 | Caviar substitutes | 160432 |
| 9 | Beer made from malt | 220300 |
| 10 | Sparkling wine of fresh grapes | 220410 |
| 11 | Wine other than sparkling wine and grape must with fermentation prevented or arrested by the addition of alcohol: in containers holding 2 liters or less | 220421 |
| 12 | Wine other than sparkling wine and grape must with fermentation prevented or arrested by the addition of alcohol: in containers holding more than 2 liters but not more than 10 liters | 220422 |
| 13 | Wine other than sparkling wine and grape must with fermentation prevented or arrested by the addition of alcohol: in containers holding over 10 liters | 220429 |
| 14 | Grape must other than with fermentation prevented or arrested by the addition of alcohol | 220430 |
| 15 | Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances, in containers holding 2 litres of less | 220510 |
| 16 | Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances, in containers holding more than 2 litres | 220590 |
| 17 | Fermented beverages (for example, cider, perry, mead and sake); mixtures of fermented beverages and mixtures of fermented beverages and non-alcohol beverages, other than beer made from malt, wine of fresh grapes, grape must, vermouth or other wine of fresh grapes flavoured with plants or aromatic substances | 220600 |
| 18 | Undenatured ethyl alcohol of an alcoholic strengh by volume of 80% vol or higher | 220710 |
| 19 | Spirits obtained by distilling grape wine or grape marc | 220820 |
| 20 | Whiskies | 220830 |
| 21 | Rum and other spirits obtained by distilling fermented sugar-cane products | 220840 |
| 22 | Gin and Geneva | 220850 |
| 23 | Vodka | 220860 |
| 24 | Liqueurs and cordials | 220870 |
| 25 | Spirituous beverages other than spirits obtained by distilling grape wine or grape marc, whiskies, rum and other spirits obtained by distilling fermented sugar-cane products, gin, geneva, vodka, liqueurs and cordials | 220890 |
| 26 | Diamonds, cut but not set, and suitable for use in the manufacture of jewelry | 710491 |
Table b1 note(s)
|
||
SCHEDULE 5
(Subsection 3.8(1))
| Item | Column 1 Goods | Column 2 Harmonized Commodity Description and Coding System code table b2 note a |
|---|---|---|
| 1 | Tungsten ores and concentrates | 2611 |
| 2 | Boron; tellurium | 2804.50 |
| 3 | Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices), impregnated or coated with pharmaceutical substances or put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes | 3005 |
| 4 | Lubricating preparations (including cutting-oil preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants) and preparations of a kind used for the oil or grease treatment of textile materials, leather, furskins or other materials, but excluding preparations containing, as basic constituents, 70% or more by weight of petroleum oils or of oils obtained from bituminous minerals | 3403 |
| 5 | Supported catalysts - With nickel or nickel compounds as the active substance | 3815.11 |
| 6 | Supported catalysts - metal compounds as the active substance | 3815.12 |
| 7 | Aluminum and articles thereof | 76 |
| 8 | Tungsten (wolfram) and articles thereof, including waste and scrap. | 8101 |
| 9 | Tantalum and articles thereof, including waste and scrap. | 8103 |
| 10 | Bismuth and articles thereof, including waste and scrap. | 8106 |
| 11 | Titanium and articles thereof, including waste and scrap. | 8108 |
| 12 | Rhenium: --Unwrought; waste and scrap; powders | 8112.41 |
| 13 | Rhenium: other | 8112.49 |
| 14 | Niobium (columbium) - Waste and scrap | 8112.92.21 |
| 15 | Niobium (columbium) - Powder | 8112.92.40 |
| 16 | Niobium (columbium) - in other form than Unwrought; waste and scrap; powders | 8112.99.50 |
| 17 | Compression-ignition internal combustion piston engines (diesel or semi-diesel engines). | 8408 |
| 18 | Parts suitable for use solely or principally with the engines of heading 84.07 (Spark-ignition reciprocating or rotary internal combustion piston engines.) or 84.08 (Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)). | 8409 |
| 19 | Other Engines & motors as already have other areas covered such as 84.07 (Spark-ignition reciprocating or rotary internal combustion piston engines.) or 84.08 (Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)). | 8412 |
| 20 | Pumps fitted for liquids or designed to be fitted with a measuring device | 8413.11 |
| 21 | Fuel, lubricating or cooling medium pumps for internal combustion piston engines | 8413.30 |
| 22 | Concrete pump | 8413.40 |
| 23 | Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated | 8415 |
| 24 | Tower crane | 8426.20 |
| 25 | Fork-lift trucks; other works trucks fitted with lifting or handling equipment. | 8427 |
| 26 | Industrial robot | 8428.70 |
| 27 | Bulldozers and angledozers | 8429.10 |
| 28 | Front-end shovel loaders | 8429.51 |
| 29 | Machinery with a 360° revolving superstructure | 8429.52 |
| 30 | Pile-drivers and pile-extractors | 8430.10 |
| 31 | Coal or rock cutters and tunnelling machinery - propelled | 8430.31 |
| 32 | Coal or rock cutters and tunnelling machinery - other | 8430.39 |
| 33 | Other boring or sinking machinery - propelled | 8430.41 |
| 34 | Other boring or sinking machinery - other | 8430.49 |
| 35 | Tamping or compacting machinery | 8430.61 |
| 36 | Concrete or mortar mixer | 8474.31 |
| 37 | Industrial robots, not elsewhere specified or included | 8479.50 |
| 38 | Ball or roller bearings. | 8482 |
| 39 | Electrical machinery and equipment and parts thereof | 85 |
| 40 | Tractors (other than tractors of heading 87.09 (Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles)). | 8701 |
| 41 | Motor vehicles for the transport of goods | 8704 |
| 42 | Crane lorries | 8705.10 |
| 43 | Mobile drilling derricks | 8705.20 |
| 44 | Concrete-mixer lorries | 8705.40 |
| 45 | Special purpose motor vehicles, other than those principally designed for the transport of persons or goods other than Crane lorries, Mobile drilling derricks, Fire fighting vehicles, mixer lorries | 8705.90 |
| 46 | Parts and accessories of the motor vehicles of headings 87.01 (Tractors), 87.02 (Motor vehicles for the transport of ten or more persons, including the driver), 87.03 (Motor cars and other motor vehicles principally designed for the transport of persons, including station wagons and racing cars), 87.04 (Motor vehicles for the transport of goods), and 87.05 (Special purpose motor vehicles, other than those principally designed for the transport of persons or goods). | 8708 |
| 47 | Tanks and other armoured fighting vehicles, motorized, whether or not fitted with weapons, and parts of such vehicles. | 8710 |
| 48 | Parts and accessories Of motorcycles (including mopeds) | 8714.10 |
| 49 | Unmanned aircraft. | 8806 |
| 50 | Parts of goods of heading 88.01 (Balloons and dirigibles; gliders, hang gliders and other non-powered aircraft), 88.02 (Other aircraft (for example, helicopters, aeroplanes), spacecraft (including satellites) and suborbital and spacecraft launch vehicles) or 88.06 (Unmanned aircraft). | 8807 |
| 51 | Ships, boats and floating structures | 89 |
| 52 | Photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than discharge lamps. | 9006 |
| 53 | Cinematographic cameras and projectors, whether or not incorporating sound recording or reproducing apparatus. | 9007 |
| 54 | Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments. | 9018 |
| 55 | Ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus | 9019.20 |
| 56 | Apparatus based on the use of X-rays or of alpha, beta, gamma or other ionising radiations, whether or not for medical, surgical, dental or veterinary uses, including radiography or radiotherapy apparatus, X-ray tubes and other X-ray generators, high tension generators, control panels and desks, screens, examination or treatment tables, chairs and the like | 9022 |
| 57 | Instrument and apparatus for measuring or checking the flow, level, pressure or other variables of liquid or gases | 9026 |
| 58 | Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this Chapter; profile projectors | 9031 |
| 59 | Thermostat | 9032.10 |
| 60 | Medical, surgical, dental or veterinary furniture (for example, operating tables, examination tables, hospital beds with mechanical fittings, dentists’ chairs); barbers’ chairs and similar chairs, having rotating as well as both reclining and elevating movements; parts of the foregoing articles. | 9402 |
Table b2 note(s)
|
||
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
Belarus is supporting the Russian Federation’s violation of the sovereignty and territorial integrity of Ukraine.
Background
On August 9, 2020, the Republic of Belarus held presidential elections marred by widespread irregularities. Under the direction of incumbent 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, the Viasna Human Rights Centre, and the Organization for Security and Co-operation in Europe, all reported numerous human rights violations. Since then, numerous reputable human rights organizations, including the Viasna Human Rights Centre, have been forced to close.
The Government of Belarus has continued to commit gross and systematic human rights violations since the 2020 presidential election. These include prolonged arbitrary detentions, brutality, intimidation, and the excessive use of force against peaceful protestors. Arbitrary arrests continue. In addition, there are undue restrictions on the rights to freedom of expression, peaceful assembly, and freedom of association. Human rights observers identified an escalation in the scale of repression against independent journalists in 2021, including arbitrary detention, the imposition of fines and prison sentences, loss of media credentials and police raids. On May 23, 2021, the Government of Belarus orchestrated an event that was a significant and dangerous escalation in its attacks on opposition voices. Ryanair flight 4978, flying between Athens, Greece, and Vilnius, Lithuania, was diverted to Minsk National Airport at the behest of the Belarusian aviation authorities. The diversion was requested on the premise of a possible bomb threat on board, which proved to be unsubstantiated. Upon landing in Minsk, two passengers, Belarus journalist and activist Roman Protasevich and his Russian companion Sofia Sapega, were removed from the flight. They remain under house arrest as of October 2021, awaiting trial.
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 at the Organization for Security and Co-operation in Europe, Media Freedom Coalition, and Freedom Online Coalition.
The Special Economic Measures (Belarus) Permit Authorization Order, which came into force on October 2, 2020, authorizes the Minister of Foreign Affairs to issue to any person in Canada and Canadian outside Canada a permit to carry out a specified activity or transaction, or any class of activity or transaction, that is otherwise prohibited pursuant to the Special Economic Measures (Belarus) Regulations.
Since the middle of 2021, there has been a rapprochement between Belarus and Russia. Russia is providing diplomatic, financial, military, media and intelligence support to Belarus. On November 30, 2021, Lukashenko stated that Russia-occupied Crimea became legally a part of Russia in 2014, adding that he planned to visit the peninsula with Russian President Vladimir Putin. This marked a significant shift from its earlier statements.
In late fall of 2021, after months of escalatory behaviour, Russia began massing troops, military equipment and military capabilities on Ukraine’s borders and around Ukraine. The build-up lasted into February 2022, eventually totalling 150 000–190 000 troops. This included military exercises in Belarus that included the participation of Belarusian Armed Forces. Russia and Belarus held a joint military exercise from February 10 to 20, 2022. However, on February 20, 2022, Russia extended the joint military exercise with Belarus and announced that Russian troops would not leave Belarus. Belarus’ overall relationships with Ukraine, the United States (U.S.), and the North Atlantic Treaty Organization (NATO) have also deteriorated, which has led to heightened tensions.
On February 24, President Putin announced a “special military operation” as Russian forces launched a full-scale invasion of Ukraine. The invasion began with targeted strikes on key Ukrainian military infrastructure and Russian forces advancing into Ukraine in the North from Russia and Belarus, the East from Russia and the so-called Luhansk People’s Republic (LNR) and Donetsk People’s Republic (DNR), and the South from Crimea. Russia’s assault on Ukraine is well under way. On February 27, the Lukashenko regime passed a fraudulent amendment to Belarus’ Constitution removing Article 18, which pledged to “make its territory a nuclear-free zone and a neutral state.” This move has paved the way for Belarus to host Russian nuclear weapons. Following the invasion, Belarusian forces were deployed to the border with Ukraine, but have yet to enter Ukraine itself.
International response
Since the beginning of the current crisis, Canada and the international community have been calling on Russia to de-escalate, pursue diplomatic channels, and demonstrate transparency in military activities. Diplomatic negotiations have been taking place along several tracks, including via (1) United States–Russia bilateral talks (e.g. the Strategic Stability Dialogue); (2) NATO; (3) the Organization for Security and Cooperation in Europe (OSCE); and (4) the Normandy Four format (Ukraine, Russia, Germany, France) for the implementation of the Minsk agreements.
On February 21, 2022, G7 Foreign Affairs ministers released a statement condemning Russian recognition of the so-called LNR and DNR regions and stating that they were preparing to step up restrictive measures to respond to Russia’s actions, while reaffirming their unwavering commitment to Ukraine’s sovereignty and territorial integrity. G7 Foreign Affairs Ministers and NATO leaders continue to be united in promising significant consequences for Russia. Canada and the G7 have also called on Belarus to end its support for the Russian invasion.
Canada is closely coordinating with allies. The U.S., the United Kingdom (U.K.), the European Union (EU) and other allies have announced sanctions in response to the Russian military attack in Ukraine, including via Belarus.
Canada’s response
Canada continues to strongly condemn Belarus’ support of Russia’s actions in Ukraine. On January 27, 2022, Canada announced the extension and expansion of Operation UNIFIER, Canada’s non-combat military training and capacity-building mission to Ukraine. In addition, Canada has announced over $145 million in humanitarian assistance for Ukraine and an additional $35 million in development funding. This assistance is in addition to the sovereign loans of up to $620 million offered to Ukraine since January 2022, to support its economic resilience and governance reform efforts.
Canada also recently announced that it will send weapons such as rocket launchers, hand grenades, anti-armour weapons, and ammunition to support Ukraine. These contributions are in addition to more than $57 million in military equipment that Canada has provided Ukraine from 2015 to 2021. Canada will also extend its commitment to Operation REASSURANCE, the Canadian Armed Forces’ contribution to NATO assurance and deterrence measures in Central and Eastern Europe. Canada is deploying an additional 460 troops to the approximately 800 currently deployed.
Since February 24, 2022, the Government of Canada has enacted a number of punitive measures, and imposed severe extensive economic sanctions, against Russia for its war of aggression against Ukraine, and against Belarus for its support of Russia’s war of aggression against Ukraine. Since the start of the crisis, under the Special Economic Measures Act (SEMA), Canada has sanctioned over 1 000 individuals and entities in Russia, Belarus and Ukraine. This has included senior members of the Belarusian government, senior military officials, and oligarchs and their family members.
Canada also implemented measures to pressure the Belarusian economy and limit Belarus’ trade with and from Canada by revoking Russia’s Most Favoured Nation status, applying a 35% tariff on all imports from Belarus.
Canada banned Belarusian aircraft (owned and operated) from Canadian airspace.
These amendments to the Special Economic Measures (Belarus) Regulations (the Regulations) build upon Canada’s existing sanctions against Belarus by further impeding Belarusian authorities’ dealings with Canada. These measures are being taken in coordination with partners, including the U.S., the U.K., the EU, Australia and Japan.
Conditions for imposing and lifting sanctions
Pursuant to the Special Economic Measures Act, the Governor in Council may impose economic and other sanctions against foreign states, as well as entities and individuals when, among other circumstances, a grave breach of international peace and security has occurred resulting in a serious international crisis.
The duration of sanctions by Canada and like-minded partners has been explicitly linked to the peaceful resolution of the conflict, and the respect for Ukraine’s sovereignty and territorial integrity, within its internationally recognized borders, including Crimea, as well as Ukraine’s territorial sea. The U.S., the U.K., the EU and Australia have continued to update their sanction regimes against individuals and entities in Russian, Belarus, and Ukraine.
Objective
- Impose costs on Belarus for its support of Russia’s unprovoked and unjustifiable invasion of Ukraine; and
- Align Canada’s actions with those taken by international partners to underscore continued unity with our allies and partners in responding to Belarus’ support for Russia’s actions in Ukraine.
Description
The Regulations Amending the Special Economic Measures (Belarus) Regulations (the amendments) add 13 individuals and 2 entities to Schedule 1, Part 1, of the Regulations, who are subject to a broad dealings ban. These individuals are senior military and senior government officials. The entities are state-owned; one in the defence and the other the information sector.
In addition to the above, the amendments accomplish the following:
- Move Schedule 3 of the Regulations to Annex 1 of the Restricted Goods and Technologies List, to facilitate future amendments to the list of partner countries exempt from the related export prohibition in specific circumstances.
- Impose a ban on exports to Belarus of luxury goods, which are listed in a new Schedule 3, Part 1. Canada is also implementing a ban on the imports from Belarus of luxury goods, which are listed in a new Schedule 3, Part 2.
- Impose a ban on the export to Belarus of a list of goods that could be used in the production and manufacturing of weapons by Belarus, which are listed in a new Schedule 4.
- Ban the export to Belarus of advanced goods and technologies that could be used in the production and manufacturing of weapons by Belarus, which are listed in a new Schedule 5.
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 targeting individuals and entities, public consultation would not have been appropriate, given the urgency to impose these measures in response to the ongoing breach of international peace and security in Ukraine.
Modern treaty obligations and Indigenous engagement and consultation
An initial assessment of the geographical scope of the amendments 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
Sanctions targeting specific persons have less impact on Canadian businesses than traditional broad-based economic sanctions, and have limited impact on the citizens of the country of the listed persons. It is likely that the newly listed individuals and entities have limited linkages with Canada, and therefore do not have business dealings that are significant to the Canadian economy.
Canadian exports to Belarus of the luxury goods included in this new prohibition represented just over CDN$ 44,000 in 2021. Canada’s imports of the Belarusian luxury goods included in this new prohibition represented just over CDN$ 430,000 in 2021. Canadian exports to Belarus of the goods used in the manufacturing of weapons included in this new prohibition represented just over CDN$ 2 million in 2021. Finally, Canada’s exports to Belarus of the advanced goods and technologies included in this new prohibition represented just over CDN$ 13,000 in 2021.
Canadian banks and financial institutions are required to comply with sanctions. They will do so by adding the newly listed individuals to their existing monitoring systems, which may result in a minor compliance cost.
The amendments could potentially create additional costs for businesses seeking permits that would authorize them to carry out specified activities or transactions that are otherwise prohibited.
Small business lens
The amendments could potentially create additional costs for small 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 small businesses have or will have dealings with the newly listed individuals and entities.
One-for-one rule
The permitting process for businesses meets the definition of “administrative burden” in the Red Tape Reduction Act and would need to be calculated and offset within 24 months. However, the proposal addresses an emergency circumstance and is exempt from the requirement to offset administrative burden and regulatory titles under the one-for-one rule.
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 Canada’s allies.
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 subject of economic sanctions has previously been assessed for effects on gender and diversity. Although intended to facilitate a change in behaviour through economic pressure on individuals and entities in foreign states, sanctions under the Special Economic Measures Act can nevertheless have an unintended impact on certain vulnerable groups and individuals. Rather than affecting Belarus as a whole, these targeted sanctions impact key economic sectors that directly or indirectly support, provide funding for or contribute to a violation of the sovereignty or territorial integrity of Ukraine. Therefore, these sanctions are unlikely to have a significant impact on vulnerable groups as compared to traditional broad-based economic sanctions directed toward a state, and limit the collateral effects to those dependent on those targeted individuals and entities.
Rationale
The amendments are a direct response of the continued involvement of the Government of Belarus and the Belarusian Armed Forces in the invasion of Ukraine that began on February 24, 2022, which continues Russia’s and Belarus’ blatant violation of Ukraine’s territorial integrity and sovereignty, international law and principles. Belarus has made itself complicit in these actions through its support of Russia. In coordination with actions being taken by Canada’s allies, the amendments seek to impose direct economic costs on influential Belarusian individuals and entities, and signal Canada’s strong condemnation of Belarus’ involvement in Russia’s latest violations of Ukraine’s territorial integrity and sovereignty.
The 13 individuals and 2 entities being added to the Regulations are former government officials and military entities.
The export ban to Belarus of luxury goods includes some alcoholic beverages, tobacco products, textile products, sportswear products and footwear products. In addition to that, it includes some luxury clothing and accessories, jewelry, kitchenware, art and a handful of machinery goods.
The import ban from Belarus of luxury goods includes alcoholic beverages, seafood, fish and non-industrial diamonds.
The export ban to Belarus of goods that could be used in the manufacturing of weapons includes, inter alia, aluminum products, certain metals such as titanium and tungsten, machinery, electrical equipment, vehicles for the transport of goods or for the construction industry, ships and boats, unmanned aircraft, and some analytical or medical equipment.
The export ban of advanced goods and technologies include quantum computers and advanced manufacturing equipment, along with associated components, materials, software, and technology.
These sanctions show solidarity with like-minded countries, which have already imposed similar restrictions.
Implementation, compliance and enforcement, and service standards
The amendments come into force on the day they are registered.
The names of the listed individuals will be available online for financial institutions to review and will be added to the Consolidated Canadian Autonomous Sanctions List. This will help to facilitate compliance with the Regulations.
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 knowingly contravenes or fails to comply with 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 of not more than five years.
The Canada Border Services Agency has enforcement authorities under SEMA and the Customs Act, and will play a role in the enforcement of these sanctions.
Contact
Andrew Turner
Director
Eastern Europe and Eurasia Relations Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343‑203‑3603
Email: Andrew.Turner@international.gc.ca