Order Extending the Application of the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations: SOR/2026-48

Canada Gazette, Part II, Volume 160, Number 6

Registration
SOR/2026-48 March 13, 2026

FREEZING ASSETS OF CORRUPT FOREIGN OFFICIALS ACT

Order Extending the Application of the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations

P.C. 2026-212 March 13, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, under section 6 of the Freezing Assets of Corrupt Foreign Officials Actfootnote a, extends the application of the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulationsfootnote b for a period of five years beginning on March 24, 2026.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issues

The Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations (the Regulations), made pursuant to the Freezing Assets of Corrupt Foreign Officials Act (the Act), came into force on March 23, 2011. The Regulations were extended in March 2016 and March 2021, and would have expired on March 23, 2026, in accordance with section 6 of the Act. On April 28, 2025, the Government of Tunisia submitted a request to the Government of Canada to extend the Regulations for another five-year period with respect to the eight previously listed politically exposed foreign persons.

Background

Upon receipt of a written request from a state, the Act permits the temporary five-year freezing of assets or restraint of property in Canada of politically exposed foreign persons, provided that the Governor in Council has determined that the state is in “internal turmoil” or in an “uncertain political situation” and provided that the making of an order or a regulation is in the interest of international relations. This measure supports the Government of Canada in promoting global peace and security, democracy and the rule of law, and in maintaining strong bilateral relationships with other countries. Such a measure can be extended more than once by periods of five years.

At the time of their implementation in March 2011, the Regulations were titled the Freezing Assets of Corrupt Foreign Officials (Tunisia and Egypt) Regulations, and they gave effect to written requests from Tunisia and Egypt to freeze the assets of their respective former leaders and senior officials of Tunisia — or their associates and family members — suspected of having misappropriated state funds, or of having obtained property inappropriately as a result of their office or family, business or personal connections. At that time, the Regulations targeted 48 politically exposed foreign persons in relation to Tunisia and 21 politically exposed foreign persons in relation to Egypt. The Regulations were later amended in March 2016 to apply solely to Tunisia, as Egypt had not requested an extension, and Tunisia’s list was reduced to eight individuals. In March 2021, the Regulations were once again extended with respect to the eight previously listed Tunisian politically exposed foreign persons to allow additional time for the country to provide the evidence required for the recovery of assets that may be identified regarding those individuals. Finally, on April 28, 2025, the Government of Tunisia submitted a third request to the Government of Canada to extend the Regulations for another five-year period with respect to the same eight persons.

The request for an extension of the Regulations comes at a time when Tunisia continues to face several challenges with regards to its political, economic and security situation stemming from ongoing instability since 2011.

As Tunisia continues to rebuild its institutions and governance structures, progress to recover funds looted during the presidency of former dictator Ben Ali remains gradual. Nonetheless, the recovery of assets is deemed a priority by the Tunisian government. At both the political and societal levels, there is strong resonance with the principle of “reparation” through the recovery of misappropriated assets and the rectification of past wrongs committed by President Ben Ali and his family. In October 2020, the Tunisian government, by Presidential Decree (No. 2020-112), established a special committee for the recovery of misappropriated assets abroad. Additionally, two of the targeted individuals, Mohamed ben Rhouma Trabelsi and Fahd Mohamed Sakher El Matri, were each subject to over 15 ongoing legal proceedings in the past five years, with several judgments issued as recently as September 2025. A third individual, Moez Ben Moncef ben Mohamed Trabelsi, has been a fugitive since 2011 and is the subject of an international warrant issued by Interpol. Investigations undertaken by the Tunisian authorities in relation to this individual remain ongoing.

The 2020 Presidential Decree alongside the recent and ongoing legal measures undertaken by the Tunisian government reflect the commitment to advance progress toward the effective recovery of misappropriated funds.

Objective

The regulatory measures aim to

Description

The Order Extending the Application of the Freezing Assets of Corrupt Foreign Officials (Tunisia) Regulations (the Order) extends the application of the Regulations for a new five-year period beginning on March 24, 2026. The Order maintains the same individuals currently listed in the Regulations and extends the asset freeze in Canada to protect possible asset flight from Tunisia to allow time for completing the ongoing criminal investigation of the individuals.

Regulatory development

Consultation

Public consultations were not undertaken, as it is inappropriate to indicate in advance that this action is being considered, given the risk of asset inflow into Canadian financial institutions by individuals targeted by the Regulations.

Indigenous engagement, consultation and modern treaty obligations

Following an assessment of modern treaty implications, no adverse impacts on potential or established Indigenous or treaty rights, which are recognized and affirmed in section 35 of the Constitution Act, 1982, were identified in the Order.

Instrument choice

The extension of the application of the Regulations made under the Act can only be done through regulations. Therefore, no other instruments could be considered.

Regulatory analysis

Benefits and costs

The Order is not expected to impose incremental costs on Canadians, businesses or the government. There are currently no seized physical assets under the Regulations. Therefore, the extension would not have any operational impact.

A new extension of the application of the Regulations could benefit bilateral relations between the Government of Canada and Tunisia, as it addresses the significant risk that assets currently held abroad by the concerned individuals and their family members could be transferred into Canadian accounts immediately after the expiration of the Regulations. Not granting the extension would have a negative impact on the integrity of Canada’s financial system and contradict Canada’s commitment to transparency, accountability and the rule of law.

The Act imposes the same types of continuous operational requirements on Canadian financial institutions as Canada’s sanctions statutes (the Special Economic Measures Act, the United Nations Act and the Justice for Victims of Corrupted Foreign Officials Act), namely to screen clients against regulatory lists, freeze property belonging to designated persons, prohibit dealings with such property and report holdings and attempted transactions. If one of the listed individuals were to attempt any dealings in Canada, financial institutions would incur costs for reporting and freezing assets. The government would incur costs to comply with and enforce the Regulations. However, no assets have been frozen in Canada under these Regulations since 2011, and none are expected. The risk and costs are, therefore, very low.

Small business lens

The Order is not expected to have any impacts on small businesses, since no funds are currently frozen in Canada under the Regulations. Moreover, business-related compliance or administrative obligations arising from the Regulations would fall to Canadian financial institutions, which are not considered small businesses.

One-for-one rule

The one-for-one rule does not apply to this Order, as there are no incremental administrative costs to businesses. The Order to extend the application of the Regulations is not likely to incur any costs, as no assets are currently held by Canadian financial institutions.

Regulatory cooperation and alignment

The Order is not related to a work plan or commitment under a formal regulatory cooperation forum.

International obligations

The Regulations made under the Act represent one of the mechanisms by which Canada complies with its international obligations on asset recovery under the UN Convention against Corruption (UNCAC), most notably Chapter V of the UNCAC. Articles 51 to 59 of Chapter V of UNCAC establish asset recovery as a fundamental principle of the convention, obliging States Parties to assist each other in tracing, freezing, seizing and returning the proceeds of corruption.

The chapter outlines two main processes: mutual legal assistance and confiscation (articles 54 to 55) and provisional measures [articles 31 and 54(2)(c)]. Canada’s Mutual Legal Assistance in Criminal Matters Act incorporates the first process in domestic law, while the Act gives Canada a domestic legal mechanism to implement the obligations associated with the second process.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental and economic assessment is not required.

Gender-based analysis plus

The individuals listed in Schedule 1 of the Regulations consist of four women and four men, among whom, to the best of our knowledge, three are Canadian citizens. Furthermore, we understand that five of these individuals currently reside in Canada.

Based on the description of the individuals above, the gender-based analysis plus conducted determines that the Regulations do not disproportionately impact any demographic group in Canada because the scope of the Regulations is limited to individuals belonging to one family who have been identified by the Tunisian government, following ongoing criminal investigations. Therefore, their listings are due to reasons unrelated to their socio-economic and demographic characteristics.

Implementation, compliance and enforcement, and service standards

Implementation

The Order extends the application of the Regulations for a new five-year period beginning on March 24, 2026. The extension will become public as soon as it is posted on the Privy Council Office’s Orders in Council web page. It will also be posted on the Department of Justice Canada and Global Affairs Canada websites shortly after.

Compliance and enforcement

Compliance is ensured by the Royal Canadian Mounted Police. Every person who contravenes provisions of the Regulations is liable, upon conviction, to the punishments set out in section 10 of the Act.

Contact

West Africa and Maghreb Bilateral Relations Division
Global Affairs Canada
Email: wwb@international.gc.ca