Regulations Amending the Special Economic Measures (Iran) Regulations: SOR/2023-220
Canada Gazette, Part II, Volume 157, Number 23
Registration
SOR/2023-220 October 18, 2023
SPECIAL ECONOMIC MEASURES ACT
P.C. 2023-1029 October 16, 2023
Whereas the Governor in Council is of the opinion that the actions of the Islamic Republic of Iran constitute a grave breach of international peace and security that has resulted in or is likely to result 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 (Iran) Regulations under subsections 4(1)footnote a, (1.1)footnote b, (2)footnote c and (3) of the Special Economic Measures Act footnote d.
Regulations Amending the Special Economic Measures (Iran) Regulations
Amendments
1 Section 1 of the Special Economic Measures (Iran) Regulations footnote 1 is amended by adding the following in alphabetical order:
- Joint Comprehensive Plan of Action
- means the Joint Comprehensive Plan of Action (S/2015/544) prepared jointly by China, France, Germany, the Russian Federation, the United Kingdom and the United States, with the High Representative of the European Union for Foreign Affairs and Security Policy, and Iran, on July 14, 2015 and endorsed by the Security Council of the United Nations in Resolution 2231 (2015) of July 20, 2015. (Plan d’action global commun)
2 (1) Paragraph 3.1(f) of the Regulations is replaced by the following:
- (f) the exercise of a right by a person who is not a listed person with respect to a listed person’s property that is subject to a lien, mortgage or security interest, to a hypothec or prior claim, to a charge or to a judicial, administrative or arbitral decision;
(2) Section 3.1 of the Regulations is amended by adding “or” at the end of paragraph (g) and by adding the following after paragraph (g):
- (h) property that is necessary for the civil nuclear cooperation projects described in Annex III to the Joint Comprehensive Plan of Action or for any activity required for the implementation of that Plan.
3 (1) Section 4 of the Regulations is amended by adding the following before subsection (1):
(0.1) The following definitions apply in this section.
- arms and related material
- means any type of weapon, ammunition, military equipment — including military vehicles — or paramilitary equipment, and their spare parts. (armes et matériel connexe)
- technical assistance
- means any form of assistance, such as providing instruction, training, consulting services or technical advice. (aide technique)
(2) Section 4 of the Regulations is amended by adding the following after subsection (2):
(3) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any of the following goods, wherever situated, or to provide any of the following technical assistance or technical data, to Iran or to any person in Iran:
- (a) those that are listed in the following provisions of the Guide:
- (i) group 1, items 1-1.A.1. to 1-1.A.3.,
- (ii) group 1, item 1-1.C.,
- (iii) group 1, items 1-7.A. to 1-7.E.,
- (iv) group 1, items 1-9.A. to 1-9.E.,
- (v) group 2, items 2-10.c. and 2-10.d.,
- (vi) group 2, item 2-21.b.1., and
- (vii) group 2, items 2-21.b.3. and 2-21.b.4.;
- (b) any battle tanks, armoured combat vehicles, large-calibre artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems as defined for the purposes of the Register of Conventional Arms, established by Resolution 46/36 L adopted by the United Nations General Assembly on December 9, 1991, as amended from time to time, or related material including their spare parts;
- (c) those that appear in document S/2015/546 of the Security Council of the United Nations, entitled Missile Technology Control Regime: Equipment, Software and Technology Annex, which is an annex to the letter dated July 16, 2015, from the Permanent Representative of the United States of America to the United Nations;
- (d) any technical assistance or technical data in respect of any activity related to ballistic missiles capable of delivering nuclear weapons, including launches using ballistic missile technology, or related to the development of nuclear weapon delivery systems, that is inconsistent with the Joint Comprehensive Plan of Action.
(4) It is prohibited for any person in Canada and any Canadian outside Canada to provide any property, technical assistance or financial or related services to Iran or to any person in Iran related to
- (a) the exportation, sale, supply or shipment of any of the goods referred to in subsection (3);
- (b) the manufacture or use of such a good in Iran or on behalf of Iran; or
- (c) the provision of technical assistance or technical data referred to in subsection (3).
(5) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase or acquire arms and related material from Iran or from any person in Iran.
(6) It is prohibited for any person in Canada, and any Canadian outside Canada, who is an owner or master of a ship or an operator of an aircraft to ship
- (a) any of the goods referred to in paragraph (3)(c) from Iran; or
- (b) arms and related material, wherever situated, to any person in Canada who acquired them from Iran or from any person in Iran.
4 Part 1 of Schedule 1 to the Regulations is amended by adding the following in numerical order:
- 176 Ghorb-e Karbala
- 177 Abzar Boresh Kaveh
- 178 Kaveh Cutting Tools Company
- 179 Bazargani Tejarat Tavanmand Saccal Companies
- 180 Defence Industries Organization
- 181 Ghorb-e Nooh
- 182 Ministry of Defence Logistics and Export (MODLEX)
- 183 The Naval Defence Missile Industry Group
- 184 Defence Technology and Science Research Centre (DTSRC)
- 185 Doostan International Company (DICO)
- 186 Farayand Technique
- 187 Gharargahe Sazandegi Ghaem
- 188 Pars Aviation Services Company
- 189 Yas Air
- 190 Malek Ashtar University
- 191 Rahab Engineering Institute
- 192 Shahid Sayyad-e Shirazi Industries (SSSI)
- 193 Shahid Bagheri Industrial Group
- 194 Shahid Hemmat Industrial Group
- 195 Shahid Karrazi Industries
- 196 Sho’a’ Aviation
- 197 Special Industries Group
- 198 Tiz Pars
- 199 Sabalan Company
- 200 Ya Mahdi Industries Group
- 201 Yazd Metallurgy Industries
- 202 M. Babaei Industries
- 203 Ettehad Technical Group
- 204 Ammunition and Metallurgy Industries Group
- 205 Behineh Trading Co.
- 206 Farasakht Industries
- 207 Fater Institute
- 208 Khorasan Metallurgy Industries
- 209 Mizan Machine Manufacturing
- 210 Oriental Oil Kish
- 211 Parchin Chemical Industries
- 212 Sad Import Export Company
- 213 Safety Equipment Procurement
- 214 Joza Industrial Co.
- 215 Pejman Industrial Services (PIS)
- 216 Niru Battery Manufacturing Company
- 217 MAKIN Company
- 218 Kala Electric
- 219 Imensazan Consultant Engineers Institute
- 220 7th of Tir
- 221 Fajr Industrial Group
- 222 Industrial Factories of Precision Machinery (IPM)
- 223 Sanam Industries
- 224 Shahid Sattari Industries
- 225 Armament Industries Group
- 226 Omran Sahel
- 227 Rah Sahel
- 228 Sahand Aluminum Parts
- 229 Sahel Consultant Engineers
- 230 Sepasad Engineering
- 231 Amin Industrial Complex
5 Part 2 of Schedule 1 to the Regulations is amended by adding the following in numerical order:
- 76 Fereidoun Abbasi-Davani (born in 1958)
- 77 Azim Aghajani (born in 1967)
- 78 Bahmanyar Morteza Bahmanyar (born in 1952)
- 79 Ahmad Vahid Dastjerdi (born in 1954)
- 80 Ahmad Derakhshandeh (born in 1956)
- 81 Ali Akbar Tabatabaei (born in 1967)
- 82 Mohammad Mehdi Nejad Nouri
- 83 Morteza Rezaei (born in 1956)
- 84 Mohsen Hojati (born in 1955)
- 85 Mohammad Eslami (born in 1956)
- 86 Mohammad Hejazi (born in 1956)
- 87 Mohammad Reza Naqdi (born in 1953)
- 88 Mohsen Fakhrizadeh-Mahabadi (born in 1958)
- 89 Qasem Soleimani (born in 1957)
- 90 Morteza Safari (born in 1956)
- 91 Naser Maleki (born in 1960)
- 92 Reza-Gholi Esmaeili (born in 1961)
- 93 Mohammad Reza Zahedi (born in 1944)
Application Before Publication
6 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
7 These Regulations come into force on October 18, 2023, but if they are registered after that day, they come into force on the day on which they are registered.
N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2023-219, Regulations Amending the Regulations Implementing the United Nations Resolutions on Iran.