Special Economic Measures (Sudan) Regulations

Special Economic Measures (Sudan) Regulations Whereas the Governor in Council is of the opinion that the situation in the Republic of the Sudan 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 the Sudan; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, makes the annexed Special Economic Measures (Sudan) Regulations under paragraph 4(1)(a)a and subsections 4(1.1)b, (2)c and (3) of the Special Economic Measures Actd. S.C. 2022, c. 10, s. 438(1) S.C. 2017, c. 21, s. 17(2) S.C. 2023, c. 26, ss. 254(2) to (4) S.C. 1992, c. 17 Definitions The following definitions apply in these Regulations. Minister means the Minister of Foreign Affairs. (ministre) Sudan means the Republic of the Sudan and includes any of its political subdivisions; its government, any of its departments and any government and department of its political subdivisions; and any of its agencies and any agency of its political subdivisions. (Soudan) Listed person 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 a person who has engaged in activities that directly or indirectly undermine the peace, security and stability of Sudan; a person who has participated in gross and systematic human rights violations in Sudan; a current or former senior official of the Government of Sudan, the Rapid Support Forces or the Sudanese Armed Forces; an associate of a person referred to in any of paragraphs (a) to (c); a family member of a person referred to in any of paragraphs (a) to (d) and (g); an entity owned — or held or controlled, directly or indirectly — by a person referred to in any of paragraphs (a) to (e); a senior official of an entity referred to in paragraph (f). Prohibited dealings and activities It is prohibited for any person in Canada and any Canadian outside Canada to deal in any property, wherever situated, that is owned — or that is held or controlled, directly or indirectly — by a listed person; enter into or facilitate any transaction related to a dealing referred to in paragraph (a); provide any financial or related services in respect of a dealing referred to in paragraph (a); make available any goods, wherever situated, to a listed person or to a person acting on behalf of a listed person; transfer or provide any property other than goods to a listed person; or provide any financial or related services to or for the benefit of a listed person. Non-application Section 3 does not apply in respect of any payment made by or on behalf of a listed person that is due under a contract that the listed person entered into before they became a listed person, provided that the payment is not made to a listed person or to a person acting on behalf of a listed person; any transaction necessary for a Canadian to transfer to a person other than a listed person any accounts, funds or investments of a Canadian held by a listed person on the day on which that person became a listed person; any dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with any person other than a listed person, and for enforcement and realization of security in respect of those loans or payments by guarantors guaranteeing those loans; any dealings with a listed person required with respect to loan repayments made to any person in Canada, or any Canadian outside Canada, for loans entered into with that listed person before they became a listed person, and for enforcement and realization of security in respect of those loans or payments by guarantors guaranteeing those loans; any benefit paid under the Old Age Security Act, the Canada Pension Plan or the Act respecting the Québec Pension Plan, CQLR, c. R-9, any superannuation, pension or benefit paid under or in respect of any retirement savings plan or under any retirement plan, any amount paid under or in respect of the Garnishment, Attachment and Pension Diversion Act or the Pension Benefits Division Act and any other payment made in respect of disability to any person in Canada or any Canadian outside Canada; financial services necessary for a listed person to obtain legal services in Canada regarding the application to them of these Regulations or any order made under the Special Economic Measures Act; any transaction in respect of any account at a financial institution held by a diplomatic mission, if the transaction is necessary in order for the mission to fulfill its diplomatic functions as set out in Article 3 of the Vienna Convention on Diplomatic Relations or, if the diplomatic mission has been temporarily or permanently recalled, when the transaction is necessary in order to maintain the mission premises; any transaction with any international organization with diplomatic status, with any United Nations agency, with the International Red Cross and Red Crescent Movement or with any entity that has entered into a grant or contribution agreement with the Department of Foreign Affairs, Trade and Development; and a transaction by the Government of Canada that is provided for in any agreement or arrangement between Canada and Sudan. Assisting in prohibited activity 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 section 3. Duty to determine 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: banks regulated by the Bank Act and, in respect of their business in Canada, authorized foreign banks as defined in section 2 of that Act; cooperative credit societies, savings and credit unions and caisses populaires regulated by a provincial Act and associations regulated by the Cooperative Credit Associations Act; foreign companies, as defined in subsection 2(1) of the Insurance Companies Act, in respect of their insurance business in Canada; companies, provincial companies and societies, as those terms are defined in subsection 2(1) of the Insurance Companies Act; fraternal benefit societies regulated by a provincial Act in respect of their insurance activities and insurance companies and other entities regulated by a provincial Act that are engaged in the business of insuring risks; companies regulated by the Trust and Loan Companies Act; trust companies regulated by a provincial Act; loan companies regulated by a provincial Act; entities that engage in any business described in paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act if the business involves the opening of an account for a client; and entities authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services. Duty to disclose Every person in Canada, every Canadian outside Canada and every entity set out in section 6 must disclose without delay to the Commissioner of the Royal Canadian Mounted Police or to the Director of the Canadian Security Intelligence Service the existence of property in their possession or control that they have reason to believe is owned — or held or controlled, directly or indirectly — by a listed person; and any information about a transaction or proposed transaction in respect of property referred to in paragraph (a). Immunity No proceedings under the Special Economic Measures Act and no civil proceedings lie against a person for a disclosure made in good faith under subsection (1). Removal from list A listed person may apply to the Minister in writing to have their name removed from the schedule. Reasonable grounds On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend the removal to the Governor in Council. New application If there has been a material change in circumstances since the last application was submitted, a listed person may submit another application under section 8. Mistaken identity 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. Determination by Minister Within 30 days after the day on which the Minister receives the application, the Minister must if it is established that the applicant is not the listed person, issue the certificate; or if it is not so established, provide notice to the applicant of the determination. Application 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. Registration These Regulations come into force on the day on which they are registered. Abdelrahim Hamdan Dagalo (born in the early 1970s) (also known as Abdel Rahim Hamdan Dagalo, Abdelrahim Dagalo, Abdul Rahim Dagalo and Abdelrahim Hamdan Dagalo Mousa) Ali Karti (born on October 27, 1953) (also known as Ali Ahmed Karti) Algoney Hamdan Dagalo Musa (born August 7, 1990) (also known as Algoney Hamdan Daglo Musa, Al-Gony Hamdan Dagalo, Algoni Hamdan Daglo Musa, Al-Qoni Hamdan Daglo, Algoney Hamdan Daglo Mousa, Al-Qoni Hamdan Daglo Mousa, Gony Hamdan Dagallo, El Gouni, Algoney Hamdane Daglo Musa, Algoney Hamdane Dagalo Moussa, Algoney Hamdane Daglo Moussa) Mirghani Idris Suleiman Idris (born December 28, 1959) (also known as Margani Idries Suliman, Al-Mirghani Idris, El Mirghani Idris Suleiman, Mirghani Idriss Suleiman) Mohamed Hamdan Dagalo Mousa (born in 1974) (also known as Hemedti, Mohamed Hamdan, Muhammad Hamdan Dagalo, Mohamed Hamdan Daglo Mousa, Mohamed Hamdan Dagalo Musa, Muhammad Hamdan Daglo, Mohamed Hamdan Daglo, Mohammed Hamdan Dagalo, Mohamed Hamdane Daglo and Mohamed Hamdane Daglo Moussa) Amir Masar Abdurahman Aseel (also known as El Amir Massar Abdelrahman Aseel, Massar Abdelrahman Assil, Masar Abdelrahman Eseil, Massar Assel, Massar Asil and Massar Aseel) Al-Tijani Al-Tahir Karshoum (also known as Tijani Kharshom, Tijani Kharshoum, Tijani Karshoum and Al-Tijani Al-Tahir Karshoum) Abdel Fattah Abdelrahman al-Burhan (born on July 4, 1960) (also known as Abdel Fattah Abdelrahman al-Burhan, Abdel Fattah Abdelrahman Burhan, Abdul Rahman al-Burhan, Abdel Fattah al-Burhan Abdul Rahman, Alburhan, Abdalftah, Alrahman and Abdel Fattah al-Burhane) El Tahir Mohamed El Awad El Amin (also known as Mohamed El Awad El Amin Al-Taher, El Taher Mohamed El Awad, Mohamed El Awad El Amin El Tahir, Mohamed El Tahir El Awad El Amin and Mohammed Al-Awad Al-Amin) Salah Abdallah Mohamed Salah Gosh (born in 1957) (also known as Salah Abdallah Gosh, Salah Abdallah Salih, Salah Gosh, Salah Abdallah Mohamed Saleh, Salah Abdala Gosh, Salah Ghosh and Salih Ghosh) Mohamed Atta Elmoula Abbas (born on April 27, 1957) (also known as Muhammad Ata-al-Mawla, Mohamed Atta Al-Mawla, Mohamed Atta Emoula Abbas and Mohamed Atta Emoula) Al Junaid Multi Activities Co. Ltd. (also known as AJMAC Multi Activities Company Ltd., AlGunade, AlJunaid, Algunade, Al Gunade and Al-Juneid) GSK Advance Company Ltd. (also known as GSK Advance, GSK Advance Co. Ltd. and GSK for Advanced Business Co. Ltd.) Defence Industries System (also known as Military Industry Corporation, Defense Industries Corporation and Defense Industry System) Zadna International Company for Investment Ltd. (also known as Zadna Company and Zadna International Investments) Tradive General Trading LLC (also known as Motah General Trading LLC and Tradive General Trading Co) Al Khaleej Bank (also known as Alkhaleej Bank, Al Rowad Bank for Development and Investment, Al-Khaleej Bank, Banque Al Khaleej and Gulf Bank Company Limited) Sudan Master Technology (also known as Giad Industrial Engineering Group, Giad Industrial City, Giad Industrial Group, Giad Automotive Industry, Giad Conglomerate, SMT Engineering and Sudan Master Technology Engineering Company)