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Canadian Sanctions Instruments

Multilateral Sanctions Instruments:


United Nations Act https://laws-lois.justice.gc.ca/eng/acts/U-2/index.html

Allows for the creation of Canadian regulations to give effect to mandatory sanctions adopted by the UN Security Council under Article 41 of the UN Charter. These are considered multilateral sanctions.
Consolidated UN list of individuals and entities targeted for UN sanctions can be found at:
https://www.un.org/securitycouncil/content/un-sc-consolidated-list

 

Canadian Autonomous Sanctions Instruments:

  1. Special Economics Measures Act (SEMA). https://laws-lois.justice.gc.ca/eng/acts/S-14.5/index.htmlwhere an international organization to which Canada belongs calls on its members to take economic measures against a foreign state; where a grave breach of international peace and security has occurred and is likely to result in a serious international crisis; where gross and systematic human rights violations have been committed in a foreign state; or where a national of a foreign state, who is either a foreign public official or an associate of such an official, is responsible for or complicit in acts of significant corruption. These are considered autonomous sanctions. Absent a UNSC resolution, the Special Economic Measures Act (SEMA) allows Canada to impose sanctions in one of the following situations:

    • where an international organization to which Canada belongs calls on its members to take economic measures against a foreign state;

    • where a grave breach of international peace and security has occurred and is likely to result in a serious international crisis;

    • where gross and systematic human rights violations have been committed in a foreign state; or

    • where a national of a foreign state, who is either a foreign public official or an associate of such an official, is responsible for or complicit in acts of significant corruption.

  2. Justice for Victims of Corrupt Foreign Officials (JVCFOA or Magnitsky Act) https://laws.justice.gc.ca/eng/acts/J-2.3/ The Act allows Canada to impose an asset freeze and a dealings prohibition against individuals who, in the opinion of the Governor in Council, are responsible for or complicit in gross violations of internationally-recognized human rights or are foreign public officials, or their associates, who are responsible for or complicit in acts of significant corruption. These are considered autonomous sanctions.

 

A list of all autonomous sanctions measures for Canada (i.e. SEMA and JVCFOA) can be found at https://www.international.gc.ca/world-monde/international_relations-relations_internationales/sanctions/consolidated-consolide.aspx?lang=eng


Other Sanctions Measures:

  1. Freezing Assets of Corrupt Foreign Officials Act https://laws-lois.justice.gc.ca/eng/acts/F-31.6/index.html
    These are considered autonomous measures.

    • Under the Freezing Assets of Corrupt Foreign Officials Act (FACFOA), Canada may freeze the assets or restrain the property of certain politically exposed foreign persons (such as government officials or politicians), at the request of a country undergoing internal turmoil or political uncertainty. FACFOA restrictions are a form of assistance that Canada provides to the requesting country as an initial step toward possible mutual legal assistance, consistent with Canada’s Mutual Legal Assistance in Criminal Matters Act.

Other instruments to give effect to goods and services bans and travel bans

  1. Export and Import Control Act. https://www.international.gc.ca/controls-controles/index.aspx?lang=eng 

    • (To control the import and export of goods to and from Canada. For example, used to ensure charcoal is not imported from Somalia)

  2. Criminal Code https://laws-lois.justice.gc.ca/eng/acts/C-46/index.html 

    • (The listing of terrorist entities under the Criminal Code enables Canada to apply appropriate criminal measures to entities, including those not necessarily listed by the United Nations Al-Qaida and Taliban Regulations or the United Nations Resolutions on the Suppression of Terrorism.)

  3. Immigration and Refugee Protection Act (IRPA) https://laws.justice.gc.ca/eng/acts/i-2.5/

    • (To prevent the travel to Canada by non-Canadians as directed by lists of targeted individuals)

  4. Anti Terrorism Act https://laws-lois.justice.gc.ca/eng/acts/A-11.7/index.html

  5. Canadian Shipping Act https://laws-lois.justice.gc.ca/eng/acts/C-10.15/

To further aid in ensuring financial freezes and asset freezes are given effect, the following Acts may be invoked:

  1. Insurance Companies Act https://laws-lois.justice.gc.ca/eng/acts/I-11.8/

  2. Trust and Loans Companies Act https://laws-lois.justice.gc.ca/eng/acts/T-19.8/

  3. Cooperative Credit Associations Act https://laws-lois.justice.gc.ca/eng/acts/C-41.01/

  4. Proceeds of Crime (Money Laundering) and Terrorist Financing Act  https://laws-lois.justice.gc.ca/eng/acts/P-24.501/

  5. Garnishment, Attachment and Pension Diversion Act https://laws-lois.justice.gc.ca/eng/acts/G-2/

  6. Pension Benefits Division Act https://laws-lois.justice.gc.ca/eng/acts/p-6.7/

  7. Bank Act https://laws-lois.justice.gc.ca/eng/acts/b-1.01/

Additional Information

  • ● For further inquiries, please contact: sanctions@international.gc.ca or the Sanctions Hotline: 1-833-352-0769

  • The Consolidated Canadian Autonomous Sanctions List provides a searchable list of persons designated under SEMA or the JVCFOA

  • The United Nations Security Council Consolidated List provides a full list of persons designated under UN sanctions

  • The Permits and Certificates page provides additional information on how to make an application to the Minister of Foreign Affairs

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