Special Economic Measures (Belarus) Regulations (SOR/2020-214)

Definitions

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Belarus

Belarus means the Republic of Belarus and includes

• (a) any of its political subdivisions;

• (b) its government and any of its departments or any government or department of its political subdivisions; and

• (c) any of its agencies or any agency of its political subdivisions. (Bélarus)

consumer communication device

consumer communication device means any of the following items:

• (a) computers;

• (b) disk drives, solid-state storage equipment and other memory devices;

• (c) input/output control units, other than industrial controllers designed for chemical processing;

• (d) graphics accelerators and graphics coprocessors;

• (e) monitors;

• (f) printers;

• (g) modems, network access controllers and communications channel controllers;

• (h) keyboards, mice and similar devices;

• (i) mobile phones, including cellular and satellite telephones, personal digital assistants, subscriber identity module (SIM) cards and similar devices;

• (j) information security equipment and peripherals;

• (k) digital cameras and memory cards;

• (l) television and radio receivers;

• (m) recording devices;

• (n) batteries, chargers, carrying cases and accessories for a good referred to in paragraphs (a) to (m); and

• (o) software, other than encryption source code, for use with a good referred to in paragraphs (a) to (n). (dispositif de communication)

Minister

Minister means the Minister of Foreign Affairs. (ministre)

Restricted Goods and Technologies List

Restricted Goods and Technologies List means the Restricted Goods and Technologies List, prepared by the Department of Foreign Affairs, Trade and Development and published on the Department’s website, as amended from time to time. (Liste des marchandises et technologies réglementées)

technology

technology means any form of technical data or technical assistance, such as providing instruction, training, consulting or technical advice services or transferring know-how or technical data. (technologie)

List

Marginal note:Listed person

2 A person whose name is listed in Schedule 1 is a person who is in Belarus, or is or was a national of Belarus who does not ordinarily reside in Canada, and in respect of whom the Governor in Council, on the recommendation of the Minister, is satisfied that there are reasonable grounds to believe is

• (a) a person who has participated in gross and systematic human rights violations in Belarus;

• (a.1) a person engaged in activities that directly or indirectly facilitate, support, provide funding for or contribute to a violation or attempted violation of the sovereignty or territorial integrity of Ukraine or that obstruct the work of international organizations in Ukraine;

• (b) a current or former senior official of the Government of Belarus;

• (c) an associate of a person referred to in any of paragraphs (a) to (b);

• (d) a family member of a person referred to in any of paragraphs (a) to (c) or (g);

• (e) an entity owned, held or controlled, directly or indirectly, by a person referred to in any of paragraphs (a) to (d) or acting on behalf of or at the direction of such a person;

• (f) an entity owned, held or controlled, directly or indirectly, by Belarus or acting on behalf of or at the direction of Belarus; or

• (g) a senior official of an entity referred to in paragraph (e) or (f).

Prohibitions

Marginal note:Prohibited dealings and activities

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

• (a) deal in any property, wherever situated, that is owned, held or controlled by a listed person or by a person acting on behalf of a listed person;

• (b) enter into or facilitate any transaction related to a dealing referred to in paragraph (a);

• (c) provide any financial or related services in respect of a dealing referred to in paragraph (a);

• (d) make available any goods, wherever situated, to a listed person or to a person acting on behalf of a listed person; or

• (e) make available any property or provide any financial or related services to or for the benefit of a listed person.

Marginal note:Transferable securities and money market instruments

3.1 It is prohibited for any person in Canada or any Canadian outside Canada to, directly or indirectly, deal in transferable securities and money market instruments, including treasury bills, certificates of deposit and commercial papers but not including instruments of payment, issued by

• (a) Belarus or an entity controlled by Belarus; or

• (b) a person acting on behalf of or at the direction of an entity referred to in paragraph (a).

• (c) [Repealed, SOR/2023-71, s. 1]

Marginal note:Debt financing — 90 days

3.2 It is prohibited for any person in Canada or any Canadian outside Canada to, directly or indirectly, transact in, provide financing for or otherwise deal in debt of longer than 90 days’ maturity, including bonds, loans, debentures, extensions of credit, loan guarantees, letters of credit, bank drafts, bankers’ acceptances, discount notes, treasury bills, commercial paper and other similar instruments in relation to

• (a) Belarus or an entity controlled by Belarus; or

• (b) a person acting on behalf of or at the direction of an entity referred to in paragraph (a).

• (c) [Repealed, SOR/2023-71, s. 2]

Marginal note:Insurance and reinsurance

• 3.3 (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

  • (a) Belarus or an entity controlled by Belarus; or

  • (b) a person acting on behalf of or at the direction of an entity referred to in paragraph (a).

• Marginal note:Insurance — aviation and aerospace

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to provide insurance or reinsurance to or for the benefit of any person in Belarus in relation to any good described in Chapter 88 of the Harmonized Commodity Description and Coding System, published by the World Customs Organization, or in relation to technology for a good described in that chapter.

• Marginal note:Existing insurance

  (3) Subsection (2) does not apply in respect of existing insurance or reinsurance until 30 days after the day on which this section comes into force.

Marginal note:Petroleum products

3.4 It is prohibited for any person in Canada or any Canadian outside Canada

• (a) to import, purchase, acquire, ship or otherwise deal in any good referred to in Part 1 of Schedule 2, wherever situated, that is exported from Belarus;

• (b) to provide to Belarus or to any person in Belarus any financial, technical or other services related to any good referred to in paragraph (a); or

• (c) to provide to Belarus or to any person in Belarus any insurance or reinsurance related to any good referred to in paragraph (a).

Marginal note:Potassium chloride

3.5 It is prohibited for any person in Canada or any Canadian outside Canada to import, purchase, acquire, ship or otherwise deal in any good referred to in Part 2 of Schedule 2, wherever situated, that is exported from Belarus.

Marginal note:Restricted goods

• 3.6 (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good, wherever situated, to Belarus or to any person in Belarus if the good is referred to in the Restricted Goods and Technologies List or in Schedule 3.

• Marginal note:Restricted technologies

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to provide to Belarus or to any person in Belarus any technology that is referred to in the Restricted Goods and Technologies List or in Schedule 3.

• Marginal note:Non-application — goods

  (3) Subsection (1) does not apply to

  • (a) goods temporarily exported for use by a representative of the media from Canada or from a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List;

  • (b) goods for use in support of international nuclear safeguards verifications;

  • (c) goods for use by a department or agency of the Government of Canada or of a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List;

  • (d) goods for use in inspections under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed at Paris, France on January 13, 1993, as amended from time to time;

  • (e) goods for use in relation to the activities of the International Space Station;

  • (f) software updates for end-users that are civilian entities that are owned, held or controlled by a Canadian or a national of a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List, or subsidiaries of those entities;

  • (g) civil aircraft registered in a foreign state that are departing from Canada after a temporary sojourn in Canada or civil aircraft registered in Canada departing for a temporary sojourn abroad;

  • (h) the following goods, if stored on board an aircraft or ship:

    • (i) equipment and spare parts that are necessary for the proper operation of the aircraft or ship, or

    • (ii) usual and reasonable quantities of supplies intended for consumption on board the aircraft or ship during the outgoing and return flight or voyage;

  • (i) goods exported for use or consumption on an aircraft or ship that is registered in Canada or the United States;

  • (j) goods exported by an air carrier that is owned by a Canadian or a national of the United States for use in the maintenance, repair or operation of an aircraft registered in Canada or the United States;

  • (k) consumer communication devices that are generally available to the public and designed to be installed by the user without further substantial support; and

  • (l) personal effects exported by an individual that are solely for the use of the individual or the individual’s immediate family and are not intended for sale or to remain in Belarus unless consumed there.

• Marginal note:Non-application — technologies

  (4) Subsection (2) does not apply to technology provided in relation to a good if the export, sale, supply or shipment of that good is authorized by subsection (3).

• (5) [Repealed, SOR/2022-167, s. 2]

Marginal note:Luxury goods — export

• 3.7 (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good referred to in column 1 of Part 1 of Schedule 4, wherever situated, to Belarus or to any person in Belarus.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to personal effects that are taken by an individual leaving Canada for Belarus that are solely for the use of the individual or the individual’s immediate family.

• Marginal note:Luxury goods — import

  (3) It is prohibited for any person in Canada and any Canadian outside Canada to import, purchase or acquire any good referred to in column 1 of Part 2 of Schedule 4, wherever situated, from Belarus or from any person in Belarus.

• Marginal note:Non-application

  (4) Subsection (3) does not apply to personal effects that are taken by an individual leaving Belarus that are solely for the use of the individual or the individual’s immediate family.

• Marginal note:Taking effect of subsections (1) and (3)

  (5) Subsections (1) and (3) take effect 60 days after the day on which they come into force.

Marginal note:Goods — manufacture of weapons

• 3.8 (1) It is prohibited for any person in Canada and any Canadian outside Canada to export, sell, supply or ship any good referred to in column 1 of Schedule 5, wherever situated, to Belarus or to any person in Belarus.

• Marginal note:Non-application — goods

  (2) Subsection (1) does not apply to

  • (a) goods temporarily exported for use by a representative of the media from Canada or from a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List;

  • (b) goods for use in support of international nuclear safeguards verifications;

  • (c) goods for use by a department or agency of the Government of Canada or of a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List;

  • (d) goods for use in inspections under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed at Paris, France on January 13, 1993, as amended from time to time;

  • (e) goods for use in relation to the activities of the International Space Station;

  • (f) software updates for an end-user that is a civilian entity that is owned, held or controlled by a Canadian or a national of a partner country that is listed in Annex 1 to the Restricted Goods and Technologies List, or subsidiaries of those entities;

  • (g) civil aircraft registered in a foreign state that are departing from Canada after a temporary sojourn in Canada or civil aircraft registered in Canada departing for a temporary sojourn abroad;

  • (h) the following goods, if stored on board an aircraft or ship:

    • (i) equipment and spare parts that are necessary for the proper operation of the aircraft or ship, or

    • (ii) usual and reasonable quantities of supplies intended for consumption on board the aircraft or ship during the outgoing and return flight or voyage;

  • (i) goods exported for use or consumption on an aircraft or ship that is registered in Canada or the United States;

  • (j) goods exported by an air carrier that is owned by a Canadian or a national of the United States for use in the maintenance, repair or operation of an aircraft registered in Canada or the United States;

  • (k) consumer communication devices that are generally available to the public and designed to be installed by the user without further substantial support; and

  • (l) personal effects exported by an individual that are solely for the use of the individual or the individual’s immediate family and are not intended for sale or to remain in Belarus unless consumed there.

• Marginal note:Taking effect of subsection (1)

  (3) Subsection (1) takes effect 60 days after the day on which it comes into force.