Regulations Amending the Special Economic Measures (Burma) Regulations: SOR/2025-82

Canada Gazette, Part II, Volume 159, Number 7

Registration
SOR/2025-82 March 6, 2025

SPECIAL ECONOMIC MEASURES ACT

P.C. 2025-294 March 6, 2025

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

Whereas the Governor in Council is of the opinion that gross and systematic human rights violations have been committed in Myanmar;

And whereas the Governor in Council is of the opinion that a national of Myanmar who is a foreign public official, or an associate of such an official, is responsible for or complicit in ordering, controlling or otherwise directing acts of significant corruption;

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 (Burma) 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 (Burma) Regulations

Amendments

1 The title of the Special Economic Measures (Burma) Regulations footnote 1 is replaced by the following:

Special Economic Measures (Myanmar) Regulations

2 (1) The definitions Burma and designated person in section 1 of the Regulations are repealed.

(2) Section 1 of the Regulations is amended by adding the following in alphabetical order:

Myanmar
includes:
  • (a) any political subdivision of Myanmar;
  • (b) the government, and any department of Myanmar or of a political subdivision of Myanmar; and
  • (c) any agency of Myanmar or of a political subdivision of Myanmar. (Myanmar)

3 Section 2 of the Regulations is replaced by the following:

Listed person

2 A person whose name is listed in the schedule is a person in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is

4 (1) The portion of section 3 of the Regulations before paragraph (b) is replaced by the following:

Prohibited dealings and activities

3 It is prohibited for any person in Canada and any Canadian outside Canada to

(2) Paragraphs 3(b) and (c) of the French version of the Regulations are replaced by the following:

(3) Paragraphs 3(d) and (e) of the Regulations are replaced by the following:

5 Section 4 of the Regulations is replaced by the following:

Non-application — section 3

3.1 Section 3 does not apply in respect of

Restricted or prohibited activities

4 It is prohibited for any person in Canada and any Canadian outside Canada to

6 Subsection 5(1) of the Regulations is replaced by the following:

Insurance — ships

5 (1) It is prohibited for any person in Canada and any Canadian outside Canada to provide insurance or reinsurance to or for the benefit of or on the direction of Myanmar or any person in Myanmar in relation to ships transporting aviation fuel to Myanmar.

7 The Regulations are amended by adding the following after section 5:

Non-application — section 4 and subsection 5(1)

6 Section 4 and subsection 5(1) do not apply in respect of

8 Section 13 of the Regulations is replaced by the following:

Assisting in a prohibited activity

13 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, 4 and 5.

9 (1) The portion of section 14 of the Regulations before paragraph (b) is replaced by the following:

Determination

14 The following entities must determine on a continuing basis whether they are in possession or control of property that is owned — or that is held or controlled, directly or indirectly — by a listed person:

(2) Paragraph 14(c) of the French version of the Regulations is replaced by the following:

(3) Paragraphs 14(e) and (f) of the English version of the Regulations are replaced by the following:

(4) Paragraph 14(i) of the Regulations is replaced by the following:

(5) Paragraph 14(j) of the English version of the Regulations is replaced by the following:

10 (1) Subsection 15(1) of the Regulations is replaced by the following:

Duty to disclose

15 (1) Every person in Canada, every Canadian outside Canada and every entity set out in section 14 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service

(2) Subsection 15(2) of the French version of the Regulations is replaced by the following:

Immunité

(2) Aucune poursuite fondée sur la Loi sur les mesures économiques spéciales ni aucune procédure civile ne peuvent être intentées contre une personne ayant communiqué de bonne foi des renseignements en application du paragraphe (1).

11 The heading before section 16 of the Regulations is replaced by the following:

Applications

12 (1) Subsections 16(1) and (2) of the Regulations are replaced by the following:

Removal from list

16 (1) A listed person may apply to the Minister in writing to have their name removed from the schedule.

Reasonable grounds

(2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend the removal to the Governor in Council.

(2) Subsection 16(5) of the Regulations is replaced by the following:

New application

(5) If there has been a material change in circumstances since the last application was submitted, a listed person may submit another application under subsection (1).

13 The heading before section 17 of the Regulations is repealed.

14 (1) Subsection 17(1) of the Regulations is replaced by the following:

Mistaken identity

17 (1) A person whose name is the same as or similar to the name of a listed person and who claims not to be that person may apply to the Minister in writing for a certificate stating that they are not that listed person.

(2) The portion of subsection 17(2) of the Regulations before paragraph (a) is replaced by the following:

Determination by Minister

(2) Within 30 days after the day on which the Minister receives the application, the Minister must

(3) Paragraph 17(2)(a) of the Regulations is replaced by the following:

15 The heading before section 18 and sections 18 and 19 of the Regulations are repealed.

16 Part 1 of the schedule to the Regulations is amended by adding the following in numerical order:

17 Part 2 of the schedule to the Regulations is amended by adding the following in numerical order:

Application Before Publication

18 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

19 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 nor the Order.)

Issue

Despite the international community’s condemnation, repeated calls to halt violence, and Association of Southeast Asian Nations (ASEAN)-led efforts to engage the Myanmar military regime in inclusive dialogues toward peace, the regime has not altered course since its coup against the democratically elected National League for Democracy government in 2021.

With the lack of tangible movement toward peace, the crisis in Myanmar has been ongoing and worsening. The number and severity of attacks against civilians, gross human rights, humanitarian and international violations as well as significant acts of corruption have increased with serious deleterious humanitarian, economic, political and security implications within Myanmar and for the broader region.

Background

On February 1, 2021, the Myanmar military deposed the civilian government, forming the State Administration Council (SAC) and arrested the democratically elected civilian leadership, protesters, journalists, and pro-democracy activists. On January 31, 2025, the Myanmar military regime extended its state of emergency for the seventh time until July 31, 2025. This extension grants regime leader Min Aung Hlaing and the SAC the legal basis to continue to exercise full legislative, executive and judicial control over Myanmar, and further delays the possibility of a peaceful, democratic resolution to the crisis.

The military regime’s repression of the people of Myanmar has caused grave instability and devastation throughout Myanmar, with negative regional repercussions. In the last year, there has been increased violence against civilians, including intensifying airstrikes, increased used of landmines and cluster munitions, as well as continued restrictions of humanitarian and media access, including to the United Nations (UN). Ethnic armed organizations and resistance forces have stepped up operations against the military, making territorial gains, which has led the military regime to escalate its attacks on civilians and civilian infrastructure with more aggressive and indiscriminate methods. Propping up the regime, Russia and the People’s Republic of China were the top arms suppliers to the Myanmar regime in 2024. In his statement to the UN Human Rights Council on June 18, 2024, the UN High Commissioner for Human Rights decried the “disintegration of human rights” in Myanmar, pointing to the regime’s targeting of civilians via airstrikes, killings, burning of villages, human shields, dismembering, beheadings, sexual and gender-based violence, torture, and executions.

Integral to the perpetration of these atrocities are the arms and materiel the regime uses to commit them. Weapons, fuel, and financial assistance supplied to the regime enable its acts of violence and atrocities throughout Myanmar. According to the UN Special Rapporteur, the Myanmar military has imported at least 1 billion USD in arms, dual-use goods, equipment and raw materials since the military coup. The regime remains heavily reliant on arms and aircraft manufactured abroad.

There is also an increase in the repression and systematic human rights violations of minorities in Myanmar, particularly targeting the Rohingya people, which drives major population displacements and exacerbates an ongoing humanitarian crisis. Observers, including the UN, the Independent Investigative Mechanism for Myanmar, and the International Court of Justice have reported widespread sexual and gender-based violence committed by the military and other armed actors mostly targeting women and girls. Furthermore, as of 2025, humanitarian needs have increased twenty-fold since the coup. Over one third of the population, 19.9 million people, are now in need of humanitarian assistance to meet their basic needs. In addition, an estimated 15.2 million people are in need of food assistance and cases of preventable diseases are on the rise. Increasing needs and ongoing conflict have displaced up to 3.5 million people internally - an increase of nearly one million in the last year.

The conflict has reverberated throughout the region, continuing to be a critical issue for ASEAN member states and Bangladesh, where Canada plays a strategic partnership role. Despite repeated calls to halt violence and repression and to implement the ASEAN Five-Point Consensus, Myanmar authorities have not taken meaningful action to address the political crisis and the conflict. Transnational crime, including drug and human trafficking, as well as scam operations, continue to flourish amid an absence of rule of law and a deterioration of socioeconomic conditions. Corruption remains a concerning issue in Myanmar, with the country constantly scoring low among various indexes, given the military’s control over key sectors such as oil and gas, mining, postal services, energy, transportation and logistics. Due to the country’s instability, conflict and corruption, Myanmar was ranked 162nd out of 180 countries on Transparency International’s Corruption Perceptions Index in 2024.

While Myanmar has been grappling with entrenched violence, instability, corruption and human rights violations for many years, the intensification of the conflict since the 2021 coup and the military regime’s increase in indiscriminate attacks against civilians and brutal crimes across the country have prompted the need for strong international measures to respond to the deteriorating situation in Myanmar.

Canadian and International Response

Canada has taken a multipronged response to the crisis in Myanmar and continues to be strongly engaged in diplomatic efforts to resolve the situation in Myanmar through bilateral and multilateral channels. Peace efforts have been led by ASEAN with international backing, including from Canada, following ASEAN’s April 2021 Five-Point Consensus, which established a roadmap to peace in Myanmar. Implementation of the Five-Point Consensus has stalled in the face of regime intransigence.

In 2007, Canada established the Special Economic Measures (Burma) Regulations (Regulations) under the Special Economic Measures Act (SEMA) to respond to the situation in Myanmar. Canada has since imposed 12 rounds of targeted sanctions under the Regulations, amounting to 136 sanctioned individuals and 89 entities in relation to the situation in Myanmar.

UN General Assembly Resolution 75/287, adopted in June 2021, calls for measures to halt the flow of arms into Myanmar. There has been a proliferation of credible documentation regarding arms and resource flows to Myanmar for use by the military regime against the civilian population. Further, UN Security Council (UNSC) Resolution 2669, adopted in December 2022, encouraged concerted international action from UN member states, and demanded an end to the violence in Myanmar, including the release of political prisoners.

Amendment on third-country listings

The Budget Implementation Act, 2023, No. 1, which entered into force on June 22, 2023, made amendments to the SEMA to provide the Governor in Council with the authority to list any person (individuals or entities) in that foreign state, a national of that foreign state who does not ordinarily reside in Canada “or a person outside Canada who is not Canadian.” Prior to this amendment, the authority was focused on persons (individual or entity) being based in the foreign country or possessing (currently or formerly) the nationality of the country of interest under the SEMA regulations.

Objectives

These amendments aim to:

Description

The amendments expand the scope of the Regulations to allow Canada to impose sanctions in response to the current and continuously deteriorating situation in Myanmar to include activities that contribute directly or indirectly to the grave breach of international peace and security, gross and systematic human rights violations, or significant corruption. The corresponding listing criteria of the Regulations are amended to reflect these circumstances.

In addition, the amendments align with the authority under the SEMA to list any persons (individuals or entities) outside of Canada who are not Canadian by removing the reference to a person who is in Burma or a national of Burma from the meaning of a listed person. This will allow the listing of persons in third countries complicit in the current crisis in Myanmar, provided that they satisfy the listing criteria as described in Section 2 of the Regulations.

Furthermore, the amendments replace the name “Burma” with “Myanmar” to align with Canada’s current nomenclature for this country, including in the title of the Regulations, and include updated language for clarification and consistency with other regulations under the SEMA. These amendments:

The amendments add sixteen (16) persons to the Schedule of listed persons under the Regulations, including thirteen (13) individuals who are senior officials in the military regime and three (3) entities that are engaged in activities that undermine the peace, security, and stability of Myanmar, and support gross and systematic human rights violations.

Any person in Canada or Canadians outside Canada are thereby prohibited from dealing in the property of, entering into transactions with, providing services to, transferring property to, or otherwise making goods available to listed persons (individuals and entities). These measures will also render listed individuals inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA). 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.

Finally, the schedule of the Special Economic Measures Permit Authorization Order would be amended to replace the name “Burma” to “Myanmar.”

Regulatory Development

Consultation

Global Affairs Canada engages regularly 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, as 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.

Indigenous engagement, consultation and Modern treaty obligations

An initial assessment of the geographical scope of the initiative was conducted and did not identify any modern treaty obligations, as the proposed regime does 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 amendments is minimal. The sanctions target specific individuals and entities, and as such 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 initial assessment of available open-source information, it is believed that the newly listed persons have limited linkages with Canada, and therefore do not have business dealings that are significant to the Canadian economy. As such, it is anticipated that there will be no significant impacts on Canadians and Canadian businesses as a result of these amendments.

Canadian banks and financial institutions are required to comply with the sanctions. They will do so by adding the new prohibitions to their existing monitoring systems, which may result in a very minor compliance cost.

Finally, the exception on legal services would reduce administrative burden by removing the need for listed persons in need of legal counsel in Canada for matters relating to the application of the Regulations or any order made under the SEMA to apply for a ministerial permit. This will simplify access to legal counsel for listed persons, and the department will no longer need to process these types of applications.

Small business lens

Analysis under the small business lens concluded that the amendments could impact Canadian small businesses. The amendments listing new individuals and entities do not impose any new compliance or administrative burden on small businesses in Canada. The amendments prohibit Canadian businesses from dealing with, providing services to, or otherwise making goods available to listed persons, but do not create obligations related to them. While Canadian businesses may seek permits under the Regulations, they are granted on an exceptional basis. 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.

On April 9, 2021, Canada issued a business advisory to help ensure Canadian companies, including small businesses, are aware of heightened commercial and reputational risks of doing business in Myanmar. The advisory also outlined the Government of Canada’s expectations with respect to responsible business practices abroad and recommended that Canadian companies undertake thoroughly responsible business conduct due diligence, including closely examining their supply chains to determine whether their activities support military-owned conglomerates or their affiliates. The business advisory is recirculated regularly, as needed, as conditions change in-country, or substantial changes are made to the Regulations. Global Affairs Canada continues to engage with Canadian companies active in Myanmar to ensure they understand the situation on the ground, their obligations under Canadian law, the Government of Canada’s expectations with respect to responsible business practices abroad, and the potential legal and reputational risk of doing business in Myanmar.

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 that the listed individuals and entities have limited business ties to Canadian economy Global Affairs Canada does not anticipate any permit applications with respect to the Regulations.

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 partners. Since the coup, Canada and its allies have used diplomatic pressure and sanctions designating persons who have performed key functions on behalf of the military regime, including individuals and entities who have supplied arms, resources and revenue to the regime, and performed key functions on behalf of the military regime.

The amendments will allow Canada to better coordinate with like-minded partners by broadening the circumstances under which Canada can impose sanctions coordinated with others. 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 SEEA is not required.

Gender-based analysis plus

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 the whole region, targeted sanctions impact persons believed to be engaged in activities that contribute to a grave breach of international peace and security. Therefore, the new sanctions proposed are unlikely to have a significant impact on vulnerable groups, as compared to traditional broad-based economic sanctions directed toward a state. The focus of the amendments is on specific individuals and entities that are members of the Myanmar military and persons engaged in activities that have contributed to the worsening crisis in Myanmar.

Exemptions are included in the Regulations, including, among others, to allow for the delivery of humanitarian assistance to provide some mitigation of the impact of sanctions on vulnerable groups. As such, these new sanctions are likely to have limited impact on the citizens of Myanmar.

Implementation, Compliance and Enforcement, and Service Standards

The Regulations come into force on the day 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 would be inadmissible to Canada.

The names of the listed persons 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 Trade Commissioner Service at Global Affairs 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, abroad and in Canada. Global Affairs Canada is also increasing outreach efforts across Canada — including engaging with businesses, universities, and provincial and 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, every 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

Global Affairs Canada
Sanctions Bureau
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