Regulations Amending the Special Economic Measures (Belarus) Regulations: SOR/2025-3

Canada Gazette, Part II, Volume 159, Number 4

Registration
SOR/2025-3 January 24, 2025

SPECIAL ECONOMIC MEASURES ACT

P.C. 2025-26 January 24, 2025

Whereas the Governor in Council is of the opinion that the situation in the Republic of Belarus constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis;

And whereas the Governor in Council is of the opinion that gross and systematic human rights violations have been committed in the Republic of Belarus;

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 paragraph 4(1)(a)footnote a and subsections 4(1.1)footnote b, (2)footnote c and (3) of the Special Economic Measures Act footnote d.

Regulations Amending the Special Economic Measures (Belarus) Regulations

Amendments

1 Part 1 of Schedule 1 to the Special Economic Measures (Belarus) Regulations footnote 1 is amended by adding the following in numerical order:

2 Part 1.1 of Schedule 1 to the Regulations is amended by adding the following in numerical order:

3 Part 2 of Schedule 1 to the Regulations is amended by adding the following in numerical order:

4 Part 3 of Schedule 1 to the Regulations is amended by adding the following in numerical order:

Application Before Publication

5 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

6 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 Government of Belarus continues to commit gross and systematic human rights violations and conduct fraudulent elections. Human rights violations are ongoing in the lead-up to the upcoming presidential elections with arbitrary arrests, searches and detentions, widespread torture, harmful misinformation and disinformation narratives, and severe repression of media — particularly at the hands of state security services. These issues are exacerbated during the election cycle and demand a Canadian response. It is vital to highlight Canada’s opposition to these forces, their leadership, and those within their close circles.

Entities and individuals, particularly those involved in the Belarusian defence and military-industrial complex, also continue to facilitate, support, provide funding for, or contribute to the violation of the sovereignty and territorial integrity of Ukraine in the context of Russia’s ongoing war. These entities are involved in establishing closer defence cooperation with, and provisions for, the Russian military-industrial complex, providing technology and equipment to the Russian forces fuelling the war in Ukraine.

Canada continues to work closely with international partner governments to ensure sanctions alignment and to address new and continued issues posed by the Belarusian regime, and to hold those who support Russia’s brutal and unjustifiable war against Ukraine accountable for their crimes.

Background

Gross and systematic human rights violations

On August 9, 2020, the Republic of Belarus held presidential elections that were 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. It also used state-sponsored violence against the people of Belarus in an effort to suppress anti-government protests. Since the 2020 election, Human Rights Watch, Amnesty International, the Office of the United Nations High Commissioner for Human Rights, Viasna Human Rights Centre, and the Organization for Security and Co-operation in Europe (OSCE) have all reported numerous human rights violations. At the same time, reputable local human rights organizations based in Belarus, including the Viasna Human Rights Centre, have been shut down by the Government.

International human rights violations continue to be committed in Belarus. These violations include arbitrary arrests, prolonged arbitrary detentions, brutality, intimidation, and the excessive use of force against peaceful protestors. There have also been credible allegations of the use of torture and sexual violence against those unjustly detained. Individuals are wrongfully prosecuted and sentenced to lengthy prison terms. In addition, there are undue restrictions on the rights to freedom of expression, peaceful assembly, and freedom of association.

Authorities have sentenced several prominent Belarusian activists, including 2022 Nobel Peace Prize recipient Ales Bialiatski and exiled opposition leader Sviatlana Tsikhanouskaya to prison terms. Since 2023, authorities have also conducted mass raids of properties linked to opposition activists, 2020 local election observers, former political prisoners and their families, and educators. As of November 2024, seven political prisoners have died in Belarusian prisons and other prominent figures have been held incommunicado — being denied access to legal representation and proceedings, as well as prevented from contacting their families.

Belarusian authorities continue to employ aggressive rhetoric towards the opposition, refuse to engage in dialogue, and reject calls for free and fair presidential elections. Appropriate steps to restore democratic rights or to address ongoing human rights violations have not been taken and, despite certain token prisoner releases, the overall number of unrightfully detained persons has increased.

The next presidential “election” in Belarus is scheduled for January 26, 2025. It is widely anticipated to extend the rule of Alexander Lukashenko, who has been in power since 1994 and is known for his authoritarian governance and suppression of political dissent. Following the disputed 2020 election, which sparked significant protests and a violent crackdown on opposition, the political climate remains tense. Notably, the upcoming election takes place in an environment marked by ongoing repression, with reports indicating over 1 300 political prisoners currently detained. Exiled opposition leader Sviatlana Tsikhanouskaya has condemned the election as a “farce,” urging the international community to reject its legitimacy before the vote.

During this election cycle, the Lukashenko regime has continued its brutal repression against civilians and its disregard for human rights. Pre-election detentions and raids are already being reported across Belarus with state security forces carrying out raids across the country, in Grodno, Baranovichi and Minsk regions, aiming to intimidate the public prior to elections. Security forces are also reportedly preparing to deal with civil unrest via crowd suppression drills. Further crackdowns by security services are expected ahead of the vote. Sanction efforts, as well as a coordinated diplomatic response, demonstrate continued solidarity with the people of Belarus and their struggle towards democratization, as well as hold known bad actors accountable.

International response

The international community’s response to the fraudulent elections of 2020 and gross and systematic human rights violations included imposition of visa restrictions on Belarusian officials, targeted sanctions, engagement with the Belarusian opposition and financial support to Belarusian opposition organizations. The International Accountability Platform for Belarus was established, and the international community further engaged through multilateral organizations like the United Nations Human Rights Council and the OSCE. On two occasions, participating states of the OSCE invoked the Organization’s Moscow Mechanism, effectively establishing an ad hoc mission to investigate concerns of human rights abuses in Belarus. This was done in September 2020 in response to credible reports of human rights violations related to the 2020 presidential election, and in March 2023, in response to an increase in the suppression of opposition and civil society voices. The subsequent reports concurred with the concerns of the ad hoc mission and made several recommendations that highlighted human rights abuses, including judicial shortcomings, arbitrary detentions, as well as suppression of civil society and free speech. On July 11, 2024, 38 OSCE States invoked the Vienna (Human Dimension) Mechanism regarding political prisoners in Belarus, raising ongoing concern for and seeking further information on the status of Belarusians who have opposed the anti-democratic behaviour of the Lukashenko regime.

Canada’s response

Canada did not recognize the results of the 2020 presidential elections, which were considered fraudulent and unconstitutional. In response to the gross and systematic human rights violations being committed in Belarus, the Special Economic Measures (Belarus) Regulations (the Regulations) were established on September 28, 2020, under the Special Economic Measures Act (SEMA). Since then, Canada’s sanctions against Belarus have targeted Belarusian authorities, including current or former senior government officials, security forces, public prosecutors, members of the judiciary and administrators of penal and “education” colonies, involved in the oppression of Belarusians demanding free and fair elections, respect for human rights and the rule of law. These sanctions impose a dealings prohibition (an effective asset freeze) on listed individuals and entities supporting or enabling Russia’s violation of Ukraine’s sovereignty. Any person in Canada and any Canadian outside Canada is prohibited from dealing in the property of, entering into transactions with, providing services to, or otherwise making goods available to persons listed under the Regulations. These individuals are also rendered inadmissible to Canada under the Immigration and Refugee Protection Act.

Canada has engaged directly with the Government of Belarus and with the international community to address the ongoing repression and human rights violations in Belarus, including in multilateral forums such as at the OSCE, the Media Freedom Coalition, the Freedom Online Coalition and the International Accountability Platform for Belarus. Canada also met with the leader of Belarus’ democratic forces, Sviatlana Tsikhanouskaya in November 2024. The meeting allowed for a frank exchange of information and ideas, including Canada confirming its continued support for the Belarusian fight for human rights and democracy, and against oppression. Key takeaways from the meeting were that Canada will continue to work with partner governments, as well as Belarus’ democratic forces, to hold the Belarusian regime accountable for its affronts on human rights.

Violation of Ukraine’s sovereignty and territorial integrity

The Belarusian regime aided and abetted Russia’s invasion of Ukraine. Russia and Belarus began a joint military exercise in mid-February 2022, which enabled the buildup of 150 000 to 190 000 Russian troops on the Belarusian border with Ukraine. On February 20, 2022, Russia extended the joint military exercise and announced that Russian troops would not leave Belarus. On February 24, 2022, without provocation, Russian forces initiated a comprehensive invasion of Ukraine, including from Belarusian territory. On February 27, 2022, the Government of Belarus passed a fraudulent amendment to Belarus’ constitution that removed article 18, which had pledged to “make its territory a nuclear-free zone and a neutral state.” This move paved the way for Belarus to host Russian nuclear weapons, and in the spring of 2023, Russian President Vladimir Putin announced the transfer of tactical nuclear weapons to Belarus. Belarusian forces continue to be deployed to the border with Ukraine. Although they have yet to enter Ukraine, the threat of direct entry of Belarusian forces as Russia’s ally effectively pins down elements of the Armed Forces of Ukraine, making it difficult for Ukraine to transfer additional reserves to other fronts to defend against Russian troops.

The Belarusian and Russian ministries of Defence signed a 2024 cooperation plan to advance military cooperation between Belarus and Russia and to set up combat training centres for the joint training of military personnel of Belarus. In May 2024, joint Belarus-Russia air force/air defence exercises were announced in which various Belarusian forces, including the Air Force, anti-aircraft missile troops and radio engineering troops, participated. Russia and Belarus continue to develop and apply military capacity against Ukraine, which must be deterred and undermined.

Russia and Belarus have also confirmed their joint determination to counter the sanctions of Canada and its partner governments while seeking greater cooperation with third countries such as North Korea and Iran, including facilitating trilateral cooperation, including on increasing industrial capacity that may be used against Ukraine.

International response

On February 24, 2022, G7 leaders condemned the invasion of Ukraine, directed partly from Belarusian soil. The OSCE has expressed grave concern about Belarus’ role in the invasion of Ukraine. In a joint statement by 45 participating states, including Canada, OSCE member states welcomed an independent experts’ report that confirmed patterns of international humanitarian law (IHL) violations by Russian forces, supported by Belarus. On July 10, 2024, at the North Atlantic Treaty Organization (NATO) Summit in Washington, D.C., leaders urged all countries not to provide any kind of assistance to Russia’s aggression and condemned all those who are facilitating and thereby prolonging Russia’s war in Ukraine. NATO leaders stated that Belarus continues to enable Russia’s war by making available its territory and infrastructure. Leaders further stated that Russia’s deepening political and military integration of Belarus, including the deployment of advanced Russian military capabilities and personnel, has negative implications for regional stability and the defence of the Alliance.

Canada’s response

The Government of Canada has enacted a number of measures against Belarus for its support of Russia’s war. In March 2022, Canada expanded the scope of the Regulations to include authority to sanction persons engaged in activities that support the violation of the sovereignty or territorial integrity of Ukraine or that obstruct the work of international organizations in Ukraine. Since then, Canada’s sanctions against Belarus have included senior members of the Belarusian government; senior military officials; oligarchs and their family members; entities operating in the military, technology and engineering sectors; as well as state-owned enterprises and banks. In addition, Canada has implemented targeted import and export restrictions against Russia and Belarus in financial, trade (goods and services), technology, energy and transport sectors. The latest round of sanctions was announced in August 2024, and covered elements of the military-industrial base as well as individuals who owned and profited from these initiatives.

Objective

  1. Communicate a clear message to the Government of Belarus that Canada does not accept the continued abuse of power and gross and systematic human rights violations by the state and stands in solidarity with the Belarusian people in the fight for democratization against oppression.
  2. Deter such actions by exposing human rights violators, their close associates and family members, and imposing costs, both reputational and real, on the identified persons.
  3. Undermine the Lukashenko regime’s assistance to Russian violation of Ukraine’s sovereignty and territorial integrity, especially military and industrial support.
  4. Align efforts with allies and partner governments in targeting the Belarusian regime as well as malign actors, increasing the effectiveness of sanctions and bridging gaps.

Description

The amendments add 22 persons (entities and individuals) to Schedule 1 of the Regulations who are subject to broad dealings ban.

In response to the ongoing gross and systematic violations of human rights occurring in Belarus, in the lead-up to a fraudulent election, the Regulations Amending the Special Economic Measures (Belarus) Regulations (the amendments) list six family members and close associates of human rights violators within Belarus, as well as three state security entities that regularly contribute to violations of human rights in Belarus and oppress its citizens. One individual is listed as a senior official of a state security entity.

In response to Belarus’ support to Russia’s violation of Ukraine’s sovereignty and territorial integrity, the amendments list nine entities involved in the Belarusian defence and military-industrial complex. Three individuals that are senior officials of these entities have also been listed.

As a result, any person in Canada or Canadian outside Canada is thereby prohibited from dealing in the property of, entering transactions with, providing services to, transferring property to, or otherwise making goods available to listed persons. These measures will also render listed individuals inadmissible to Canada under the Immigration and Refugee Protection Act. Under the Regulations, listed persons may apply to the Minister of Foreign Affairs to have their name removed from the Schedule of designated persons. The Minister must determine whether there are reasonable grounds to make a recommendation to the Governor in Council for removal.

Regulatory development

Consultation

Global Affairs Canada regularly engages with relevant stakeholders, including civil society organizations, cultural communities, and other like-minded governments, regarding Canada’s approach to sanctions implementation.

With respect to the amendments, public consultation would not have been appropriate. Publicizing the names of the persons targeted by sanctions would have potentially resulted in asset flight prior to the coming into force of the amendments.

Modern treaty obligations and Indigenous engagement and consultation

An initial assessment of the geographical scope of the Regulations was conducted and did not identify any modern treaty obligations, as the Regulations 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

The incremental cost to the Government of Canada to administer and enforce these additional prohibitions is minimal. Sanctions targeting specific individuals and entities 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 individuals and entities. Based on an initial assessment of available open-source information, it is believed 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.

Given the limited trade with Belarus and sanctions already in place, it is unlikely that these additional sanctions targeting would have any significant impact on Canadians, Canadian businesses, or Canada’s commercial interests overall.

Canadian banks and financial institutions are required to comply with sanctions. They will do so by adding the newly listed individuals and entities to their existing monitoring systems, which may result in a compliance cost.

Small business lens

Analysis under the small business lens concluded that the amendments could have limited impact on Canadian small businesses. The Regulations prohibit Canadian businesses from dealing with, providing services to, or otherwise making goods available to listed persons, but do not create any direct administrative obligations on businesses. While Canadian businesses may seek permits under the Regulations, Global Affairs Canada does not anticipate any applications resulting from listing these persons; thus there would be no incremental administrative burden arising from this requirement. Canadian small businesses are also subject to the duty to disclose under the Regulations, which would represent a direct compliance requirement. However, as the newly listed persons have limited known linkages with Canada, Global Affairs Canada does not anticipate any disclosures resulting from the amendments.

One-for-one rule

The one-for-one rule does not apply, as there is no incremental change in administrative burden on businesses. The permitting process for businesses meets the definition of “administrative burden” in the Red Tape Reduction Act; however, while permits may be granted under the Regulations on an exceptional basis, given the minimal level of trade with Belarus, Global Affairs Canada does not anticipate any permit applications with respect to the amendments.

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 international partner governments. Sanctions are most effective when they are applied in a coordinated manner.

Effects on the environment

The amendments are unlikely to result in important environmental effects. In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment (SEEA Directive), a preliminary scan concluded that a strategic environmental and economic 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 SEMA can nevertheless have an unintended impact on certain vulnerable groups and individuals. Rather than affecting Belarus as a whole, these targeted sanctions impact persons believed to be engaged in gross and systematic human rights violations, and persons believed to be engaged in activities 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.

Implementation, compliance and enforcement, and service standards

The amendments come into force on the day on which they are registered.

Consequential to being listed in the Regulations, and pursuant to the application of paragraph 35.1(b) of the Immigration and Refugee Protection Act, the listed individuals will be inadmissible to Canada.

The names of the listed individuals and entities 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.

The Department’s Trade Commissioner Service abroad and in Canada continues to assist clients in understanding Canadian sanctions regulations, and notably the impact of the Regulations on any activities in which Canadians may be engaged. The Department is also increasing outreach efforts across Canada — including to engage with businesses, universities, and provincial/territorial governments — to enhance national awareness of and compliance with Canadian sanctions.

Under the SEMA, both Royal Canadian Mounted Police and Canada Border Services Agency officers have the power to enforce sanctions violations through their authorities, as defined under the Customs Act, the Excise Act or the Excise Act, 2001, and sections 487 to 490, 491.1 and 491.2 of the Criminal Code.

In accordance with section 8 of the SEMA, any person who knowingly contravenes or fails to comply with the 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

Sanctions Bureau (ISD)
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone (toll-free): 1‑833‑352‑0769
Telephone (local): 343‑203‑3975
Fax: 613‑995‑9085
Email: sanctions@international.gc.ca