Special Economic Measures (Moldova) Regulations

Special Economic Measures (Moldova) Regulations Whereas the Governor in Council is of the opinion that the situation in the Republic of Moldova 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, makes the annexed Special Economic Measures (Moldova) Regulations under subsections 4(1)a, (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. 2022, c. 10, s. 438(2) S.C. 1992, c. 17 Definitions The following definitions apply in these Regulations. Minister means the Minister of Foreign Affairs. (ministre) Moldova means the Republic of Moldova 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. (Moldova) Listed person A person whose name is listed in the schedule is a person who is in Moldova, or is or was a national of Moldova 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 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 Moldova or that obstruct the work of international organizations in Ukraine or Moldova; a person who has participated in gross and systematic human rights violations in Moldova; a current or former senior official of the Government of Moldova; 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 (h); an entity owned — or held or controlled, directly or indirectly — by a person referred to in any of paragraphs (a) to (e); an entity whose ownership or control was purported to be altered by a person who has violated or attempted to violate the sovereignty or territorial integrity of Ukraine or Moldova; or a senior official of an entity referred to in paragraph (f) or (g). 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; 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 non-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 in order for a listed person to obtain legal services in Canada with respect to the application of any of the prohibitions set out in these Regulations; 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 Moldova. 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 that is 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. Vladimir Plahotniuc (born on January 1, 1966) Ilan Mironovich Shor (born on March 6, 1987) Vladimir Andronachi (born on October 13, 1980) Veaceslav Platon (born on January 24, 1973) Constantin Botnari (born on November 4, 1966) Gheorghe Cavcaliuc (born on October 25, 1982) Marina Tauber (born on May 1, 1986) Aleksandr Valeryevich Kalinin (born on February 16, 1977) Grigore Ivanovich Caramalac (born on May 21, 1965) Vera Plahotniuc Valerii Klimenco (born on September 20, 1953) Maria Albot (born on January 21, 1986) Serghei Burgudji Igor Himici (born on February 19, 1975) Tatiana Platon Arina Corşicova Evghenia Gutul (born on September 5, 1986) (also known as Evghenya Guțul) Mihail Vlah (born on February 4, 1978) (also known as Mikhail Vlakh) Irina Vlah (born on February 26, 1974) (also known as Iryna Vlakh) Iurii Cuznetov (born on July 18, 1988) Ilia Uzun (born on May 16, 1967) Victor Petrov (born on June 29, 1975) (also known as Viktor Petrov) Nelli Parutenco (born on March 21, 1962) (also known as Nelli Alekseyevna Parutenko and Neli Jardan) Natalia Parasca (born on February 2, 1990) (also known as Natalya Parasca) Dumitru Chitoroagă (born on December 23, 1984) (also known as Dumitru Chitoroaga) Dmitri Buimistru (born on November 26, 1992) Alexei Lungu (also known as Alexey Lungu) Veaceslav Valico (born on August 10, 1977) (also known as Vyacheslav Valico) Victoria Furtună (born on February 20, 1981) (also known as Viktoria Furtuna) Irina Lozovan (born on December 27, 1983) (also known as Iryna Lozovan) Alexandr Nesterovschi (born on January 11, 1981) Chiril Guzun (born on April 27, 1979) Shor Party Perviy Kanal in Moldova RTR Moldova Accent TV NTV Moldova TV6 Orhei TV Victory/Pobeda Political Bloc (also known as Victory, Pobeda, Victoria and Victorie) Public Association – Association of People with Epaulettes “Scutul Poporului” (also known as Asociația Obștească – Asociația Oamenilor cu Epoleți “Scutul Poporului” and Movement for the People)