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Yes. Canada has sanctions in place against a number of countries, as well as against specific individuals and entities identified as being associated with terrorist activities.
Yes. As a member of the UN, Canada must implement UN Security Council resolutions into Canadian law. The Government of Canada does this by making orders and regulations, pursuant to the United Nations Act 1985.
Yes. As well as sanctions imposed under the United Nations Act, Canada implements an autonomous sanctions regime under the Special Economic Measures Act 1992 (“SEMA”). In order to maximise the effectiveness of its sanctions regime, Canadian policy seeks to ensure, whenever possible, that sanctions are applied multilaterally. Absent a UN Security Council resolution, SEMA allows Canada to impose sanctions in either of the following situations:
Non-UN sanctions are generally imposed by enacting regulations under SEMA. Canada may also impose export/import restrictions on specific countries under the Export and Import Permits Act 1985 (“EIPA”).
Sanctions imposed by Canada on specific countries, organisations, or individuals vary and can encompass a variety of measures, including restricting or prohibiting trade, financial transactions or other economic activity between Canada and the target state or the seizure or freezing of property situated in Canada. Examples of sanctions include:
Canadian sanctions laws apply to all persons in Canada and all Canadians outside Canada, including entities formed under the laws of Canada or a province. Exceptions to these restrictions or prohibitions may include transactions with UN agencies, Canadian non-governmental organisations, or other aid agencies. Exemptions may also apply to food, medical supplies, goods used for public health purposes or disaster relief, or goods required under pre-existing contracts. The specific exemptions are listed in the regulations for each set of sanctions.
Yes. Canada primarily relies on UN lists. As well, when sanctions are imposed under SEMA, the list of designated persons specific to a particular regulation is published in a schedule to that regulation. In general, all prohibitions described in a regulation apply to all individuals or entities named in its schedule.
Where a regulation includes more than one schedule, the prohibitions may apply selectively. Names may be added or removed from a list by an amending regulation. While each SEMA regulation has a list of designated individuals or entities under that particular regulation, the Canadian government does not maintain a single list of all sanctioned individuals or entities.
Yes. Canada may also impose sanctions or restrictions under the following laws:
The listing of terrorist entities under the Criminal Code enables Canada to apply appropriate criminal measures to those entities. The list of terrorist entities is published on the Public Safety Canada website. In addition, names subject to the regulations made under the Criminal Code and UN Resolutions have been combined into the lists currently posted on the Office of the Superintendent of Financial Institutions website here.
Yes. Canadian sanctions regulations generally include mechanisms for the Minister of Foreign Affairs to issue permits or certificates to authorise specified activities or transactions that are otherwise prohibited:
Breach of Canadian sanctions laws is an offence which can result in fines, imprisonment or both. In addition, property that has been dealt with contrary to the laws and regulations may be subject to forfeiture. Any publicity on this issue, particularly related to non-compliance, is likely to have an adverse impact on reputation.
The Department of Foreign Affairs, Trade and Development is responsible for overseeing sanctions in Canada.
Economic Law Section (JLHB)
125 Sussex Drive
T: (+1) 613 944 4000
F: (+1) 613 992 2467
UN Regulations and SEMA require anyone in Canada, as well as Canadians outside Canada, to disclose to the Royal Canadian Mounted Police (“RCMP”) and, in the case of regulations under the United Nations Act, the Canadian Security Intelligence Service (“CSIS”) the existence of any property in their possession or control that they believe is owned or controlled by, or on behalf of, anyone on the UN List or other sanctions list. This includes information about any transaction or proposed transaction relating to such property.
Royal Canadian Mounted Police
73 Leiken Drive
T: (+1) 613 993 7262
F: (+1) 613 825 7030
Canadian Security Intelligence Services
PO BOX 9832 STN T
T: (+1) 613 993 9620
F: (+1) 613 231 0612
In addition to the disclosure to the RCMP and CSIS, the reporting persons and entities subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, including financial institutions and securities dealers, must also report such property to the Financial Transactions and Reports Analysis Centre of Canada (“FINTRAC”).
24th floor, 234 Laurier Avenue West
T: (+1) 866 346 8722
F: (+1) 613 943 7931
The Office of the Superintendent of Financial Institutions regulates Canadian federally regulated financial institutions and their compliance with sanctions.
255 Albert Street
T: (+1) 800 385 8647
F: (+1) 613 990 5591
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