Special Economic Measures (Myanmar) Regulations

Special Economic Measures (Myanmar) Regulations Whereas the Governor in Council is of the opinion that the situation in Burma constitutes a grave breach of international peace and security that has resulted or is likely to result in a serious international crisis; Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to subsections 4(1) to (3) of the Special Economic Measures Acta, hereby makes the annexed Special Economic Measures (Burma) Regulations. S.C. 1992, c. 17 Definitions The following definitions apply in these Regulations. arms and related material means any type of weapon, ammunition, military vehicle or military or paramilitary equipment, and includes their spare parts. (armes et matériel connexe) Burma[Repealed, SOR/2025-82, s. 2] controlling interest[Repealed, SOR/2012-85, s. 1] designated person[Repealed, SOR/2025-82, s. 2] Minister means the Minister of Foreign Affairs. (ministre) Myanmar includes: any political subdivision of Myanmar; the government, and any department of Myanmar or of a political subdivision of Myanmar; and any agency of Myanmar or of a political subdivision of Myanmar. (Myanmar) pension[Repealed, SOR/2022-8, s. 1] Listed person A person whose name is listed in the schedule is a person in respect of whom the Governor in Council, on the recommendation of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 or stability of Myanmar; person who has engaged in activities that directly or indirectly contribute to or support gross and systematic human rights violations in Myanmar; a person who has engaged in activities that directly or indirectly contribute to acts of significant corruption in Myanmar; a current or former senior official of Myanmar; an associate of a person referred to in any of paragraphs (a) to (d) and (i); a family member of a person referred to in any of paragraphs (a) to (e) and (i); an entity owned — or held or controlled, directly or indirectly — by a person referred to in any of paragraphs (a) to (f); an entity owned — or held or controlled, directly or indirectly — by Myanmar; or a current or former senior official of an entity referred to in any of paragraphs (a) to (c), (g) and (h). 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 a person acting on behalf of a listed person; transfer or provide any property other than goods to a listed person or to a person outside Canada who is not Canadian for the benefit of a listed person; or provide any financial or related services to or for the benefit of a listed person. Non-application — section 3 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 Myanmar. Restricted or prohibited activities export, sell, supply, ship, transport or otherwise deal in arms and related material or aviation fuel, wherever situated, destined for Myanmar or any person in Myanmar; import, purchase, acquire, ship, transport or otherwise deal in arms and related material, wherever situated, that are exported from Myanmar after December 13, 2007; transfer, provide or communicate technical data related to military activities or to the provision, manufacture, maintenance or use of arms and related material to Myanmar or any person in Myanmar; or provide or acquire financial or other services related to military activities or to the provision, manufacture, maintenance or use of arms and related material to, from or for the benefit of or on the direction or order of Myanmar or any person in Myanmar. Insurance — ships 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. Existing insurance Subsection (1) does not apply in respect of existing insurance or reinsurance until 30 days after the day on which this section comes into force. Non-application — section 4 and subsection 5(1) Section 4 and subsection 5(1) do not apply in respect of protective clothing and equipment, including flak jackets and military helmets, for the personal use of United Nations personnel, human rights monitors, representatives of the media and humanitarian and development workers and associated personnel; non-lethal military equipment intended solely for humanitarian, human rights monitoring or protective use and related technical assistance and training; and members of the Canadian Forces who are in or travel to Myanmar in the performance of official duties, including providing security to Canadian diplomatic staff, providing humanitarian assistance or engaging in other activities authorized by the Chief of the Defence Staff. [Repealed, SOR/2012-85, s. 2] Assisting in a 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 sections 3, 4 and 5. Determination 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 authorized under provincial legislation to engage in the business of dealing in securities or to provide portfolio management or investment counselling services; and 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. Duty to disclose 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 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. [Repealed, SOR/2022-8, s. 4] 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 subsection (1). 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. [Repealed, SOR/2025-82, s. 15] 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. Air Bagan (also known among other names as Air Bagan Holdings Pte. Ltd. and Air Bagan Limited) Bandoola Transportation Co. Ltd. Berger Paint Manufacturing Co. Ltd. Dagon Brewery Granite Tile Factory (Kyaikto) Hantha Waddy Golf Resort and Myodaw (City) Club Ltd. Htoo Furniture (also known among other names as Htoo Wood, Htoo Wood Products, Htoo Wood Products Pte. Limited and Htoo Wood-Based Industry) Htoo Group of Companies (also known among other names as Htoo Trading Company Limited and Htoo Trading Group Company) Innwa Bank MEC Disposable Syringe Factory MEC Marble Mine MEC Marble Tiles Factory MEC Burma Cable Wire Factory MEC Oxygen and Gases Factory MEC Ship Breaking Service MEC Steel Mills (Hmaw Bi/Pyi/Ywama) MICB (also known among other names as Myanma Investment and Commercial Bank and Burma Investment and Commercial Bank) Myaing Galay (Rhino Brand) Cement Factory Myanma Economic Bank (also known among other names as Burma Economic Bank) Myanma Economic Corporation (MEC) Myanma Foreign Trade Bank (also known among other names as Burma Foreign Trade Bank) Burma Ar (Power) Construction Services (also known among other names as Myanmar Ar (Power) Construction Services) Burma Brewery Ltd. (also known among other names as Myanmar Brewery Ltd.) Burma Daewoo International (also known among other names as Myanmar Daewoo International) Burma Imperial Jade Co. Ltd. (also known among other names as Myanmar Imperial Jade Co. Ltd.) Burma Nouveau Steel Co. Ltd. (also known among other names as Myanmar Nouveau Steel Co. Ltd.) Burma Posco Steel Co. Ltd. (also known among other names as Myanmar Posco Steel Co. Ltd.) Burma Rubber Wood Co. Ltd. (also known among other names as Myanmar Rubber Wood Co. Ltd.) Burma Ruby Enterprise (also known among other names as Myanmar Ruby Enterprise) Burma Segal International Ltd. (also known among other names as Myanmar Segal International Ltd.) Myawaddy Bank Ltd. Myawaddy Trading Ltd. Myawaddy Travel Services National Development Corp. Nawaday Hotel and Travel Services Ngwe Pin Le (Silver Sea) Livestock Breeding and Fishery Co. Pavo Trading Pte. Ltd. Rothman of Pall Mall Burma Private Ltd. Sin Min (King Elephants) Cement Factory (Kyaukse) Soap Factory (Paung) The First Automotive Co. Ltd. Union of Burma Economic Holding Ltd. (also known among other names as Union of Myanmar Economic Holding Ltd. and Myanma Economic Holdings Limits (MEHL)) Yuzana Company Limited (also known among other names as Yuzana Construction) Zay Gabar Company (also known among other names as Zaykabar Company) A & M Mahar Company Limited Sky One Construction Company Limited The Yangon Restaurant The Yangon Gallery Everfit Company Limited Seventh Sense Company Limited Cancri (Gems and Jewellery) Company Limited (also known among other names as Phu Sha Star) Myanma Gems Enterprise (MGE) (also known among other names as Myanmar Gems Enterprise) Myanma Timber Enterprise (MTE) (also known among other names as Myanmar Timber Enterprise) Myanma Pearl Enterprise (MPE) (also known among other names as Myanmar Pearl Enterprise) Myanmar War Veterans Organization Ministry of Defence Quartermaster General Office Myanmar Directorate of Defence Industries Myanmar Directorate of Procurement (also known among other names as Directorate of Procurement, Directorate of Defence Procurement and Directorate of Procurement of the Commander-in-Chief of Defence Services (Army)) Myanmar Chemical & Machinery Company Limited Yatanarpon Aviation Support Company Limited Dynasty International Company Limited International Gateways Group Asia Sun Group State Administration Council Cargo Link Petroleum Logistics Co. Ltd. (also known as Cargo Link Company Limited) Shwe Byain Phyu Group Sky Aviator Company Ltd. Heli Eagle Company Ltd. Sky Royal Hero Ltd. Miya Win International Synpex Shwe Company Ltd. Myanmar New Era Trading Company Star Sapphire Group of Companies Star Sapphire Trading Company Ltd. Mining Enterprise No. 1 Mining Enterprise No. 2 Bhone Min Myat Ever Meter Mottama Holdings Limited Min Dharma Steel Structures Creative Exploration Ltd. Suntac Group of Companies (also known as Suntac Technologies) Life & Challenge Co. Ltd. (also known as Life and Challenge Co. Ltd.) Myanma Five Star Shipping Company (also known as Myanma Five Star Line Company Limited) Office of the Chief of Military and Security Affairs King Royal Technologies Company Ltd. (also known as King Royal Technologies Co. Ltd. and King Royal Technologies Ltd.) Royal Shune Lei Company Ltd. International Group of Entrepreneurs (IGE) Company Ltd. (also known as International Group of Entrepreneurs Company Ltd. and IGE) Swan Energy Company Limited (also known as Swan Energy) Ministry of Defence of Myanmar Armed Forces of Myanmar 33rd Light Infantry Division of the Burmese Army Than Shwe, born February 2, 1933 Maung Aye, born December 25, 1937 Khin Lay Thet, born June 19, 1947 Aung Thet Mann, born June 19, 1977 (also known among other names as Shwe Mann Ko Ko) Toe Naing Mann, born June 29, 1978 Zay Zin Latt, born March 24, 1981 Tin Aung Myint Oo, born May 27, 1950 Kyaw Win, born January 3, 1944 Ye Myint, born October 21, 1943 Tin Lin Myint, born January 25, 1947 Aung Htwe, born February 1, 1943 Maung Bo, born February 16, 1945 Tin Naing Thein, born 1955 Saw Tun, born May 8, 1935 Chan Nyein, born 1944 (also known among other names as Chang Nyein) Zaw Min, born January 10, 1949 Lun Thi, born July 18, 1940 Hla Tun, born July 11, 1951 Nyan Win, born January 22, 1953 Kyaw Myint, born 1940 Maung Oo, born 1952 Saw Lwin, born 1939 Soe Tha, born 1945 Thaung, born July 6, 1937 Thein Zaw, born October 20, 1951 Kyaw Thu, born August 15, 1949 Mya Oo, born January 25, 1940 Myint Swe, born May 24, 1951 Hsan Hsint, born 1951 Than Sein, born February 1, 1946 Tay Za, born July 8, 1964 Thidar Zaw, born February 24, 1964 Pye Phyo Tay Za, born January 29, 1987 Thiha, born June 24, 1960 Khin Shwe, born January 21, 1952 Zay Thiha, born January 1, 1977 Khin Nyunt, born October 11, 1939 Khin Win Shwe, born October 6, 1940 Aung Kyaw Zaw Maung Maung Soe Than Oo Aung Aung Khin Maung Soe Thura San Lwin Thant Zin Oo Min Aung Hlaing Soe Win Sein Win Soe Htut Ye Aung Mya Tun Oo Tin Aung San Aung Lin Dwe Ye Win Oo Maung Maung Kyaw Moe Myint Tun Than Hlaing Thein Soe Chit Naing Mahn Nyein Maung (also known among other names as P’doh (Phado) Man Nyein Maung) Thein Nyunt Khin Maung Swe Aye Nu Sein Jeng Phang Naw Taung (also known among other names as Jeng Phang Naw Htaung) Moung Har (also known among other names as Maung Har and Maung Ha) Sai Lone Hsaing (also known among other names as Sai Lone Saing and Sai Long Hseng) Saw Daniel Banya Aung Moe Aung Pyae Sone Khin Thiri Thet Mon Thida Oo, born November 27, 1964 Htun Htun Oo, born July 28, 1956 (also known among other names as Tun Tun Oo) U Tin Oo, born November 24, 1952 Aung Hlaing Oo Sit Taing Aung Aung Moe Myint Htun Aung Zaw Min Tun Maung Maung Ohn (also known among other names as Mg Mg Ohn) Tun Tun Naung Khin Maung Yi Myo Myint Oo Thaung Han Win Shein Ko Ko Lwin Aung Soe Zin Min Htet [Repealed, SOR/2024-168, s. 1] Myo Thitsar Htein Win Htin Latt Oo Than Hteik Nyunt Win Swe Phone Myat Thet Pon Maung Maung Aye Myo Myint Aung Toe Yi, born in 1966 (also known as Toe Ui) U Aung Naing Oo, born October 13, 1962 Ko Ko Oo, born December 2, 1972 Kyaw Min Oo, born January 18, 1982 Tun Min Latt, born February 6, 1969 Khin Phyu Win, born October 11, 1960 (also known as Kyauk Kyar Shwe) Win Min Soe, born March 26, 1969 Maung Maung Naing Aung Min Kan Myint Than Khin Maung Oo Than Tun Aung Saw Win Soe Oo Than Aung Kyaw Tin Maung Swe Than Soe Myint Thein Myint Oo Aung Lwin Oo Naing Htut Aung, born January 27, 1968 Myo Min Oo Myint Kyaing, born April 17, 1957 Thet Khaing Win Porel Aung Thein Kyaw Swar Lin, born in 1971 Nyo Saw Dwe Bu Hmu Thang Khun San Lwin U Yan Kyaw U Shwe Kyein Wunna Maung Lwin Ni Lin Aung U Htoo Htet Tay Za, born January 24, 1993 Thein Win Zaw Myo Swe Charlie Than (born in 1950) Ne Aung (also known as Nay Aung) Win Kyaw Kyaw Aung (born on August 7, 1983) Ba Shwe Kan Zaw, born October 11, 1954 Ko Ko Hlaing, born October 24, 1956 Lu Mon Aung Kyaw Tun Aung Myaing Ko Lay Than Than Linn Min Htut Khun Thant Zaw Htoo Moe Aung Htin Kyaw Thu Aung Kyaw Hoe For the purpose of paragraph 11(2)(a) of the Statutory Instruments Act, these Regulations apply before they are published in the Canada Gazette. 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.