Special Economic Measures (Russia) Regulations (SOR/2014-58)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

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)

Convention

Convention[Repealed, SOR/2022-27, s. 1]

designated person

designated person[Repealed, SOR/2024-32, s. 1]

Minister

Minister means the Minister of Foreign Affairs. (ministre)

pension

pension[Repealed, SOR/2022-27, s. 1]

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)

Russia

Russia means the Russian Federation and includes

• (a) any political subdivision of the Russian Federation;

• (b) the government, and any department, of the Russian Federation or of a political subdivision of the Russian Federation; and

• (c) any agency of the Russian Federation or of a political subdivision of the Russian Federation. (Russie)

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:Schedule 1

2 A person whose name is listed in Schedule 1 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) 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;

• (a.1) a person who has participated in gross and systematic human rights violations in Russia;

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

• (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) and (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 Russia or acting on behalf of or at the direction of Russia; or

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

Marginal note:Schedules 2 and 3

2.1 A person whose name is listed in Schedule 2 or 3 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) an entity owned, held or controlled, directly or indirectly, by a person referred to in any of paragraphs 2(a) to (b) or acting on behalf of or at the direction of a person referred to in any of those paragraphs; or

• (b) an entity owned, held or controlled, directly or indirectly, by Russia or acting on behalf of or at the direction of Russia.

Prohibitions

Marginal note:Prohibited transactions and activities

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

• (a) deal in any property, wherever situated, that is owned, held or controlled by or on behalf of a person whose name is listed in Schedule 1;

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

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

• (d) make available any goods, wherever situated, to a person listed in Schedule 1 or to a person acting on their behalf; or

• (e) provide any financial or related service to or for the benefit of a person listed in Schedule 1.

Marginal note:New debt financing — 30 days

• 3.01 (1) It is prohibited for any person in Canada and any Canadian outside Canada to transact in, provide financing for or otherwise deal in new debt of longer than 30 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) a person listed in Schedule 2;

  • (b) the property of a person listed in Schedule 2; or

  • (c) the interests or rights in property of a person listed in Schedule 2.

• Marginal note:New debt financing — 90 days

  (1.1) It is prohibited for any person in Canada and any Canadian outside Canada to transact in, provide financing for or otherwise deal in new 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) a person listed in Schedule 3;

  • (b) the property of a person listed in Schedule 3; or

  • (c) the interests or rights in property of a person listed in Schedule 3.

• (1.2) [Repealed, SOR/2022-31, s. 3]

• Marginal note:Non-application

  (2) Subsections (1) and (1.1) do not apply if the activities referred to in those subsections were undertaken before the person was listed in Schedule 2 or 3.

Marginal note:New equity financing

• 3.02 (1) It is prohibited for any person in Canada and any Canadian outside Canada to transact in, provide financing for or otherwise deal in new securities, including shares or any other ownership interest, in relation to

  • (a) a person listed in Schedule 2;

  • (b) the property of a person listed in Schedule 2; or

  • (c) the interests or rights in property of a person listed in Schedule 2.

• Marginal note:Non-application

  (2) Subsection (1) does not apply if the activities referred to in that subsection were undertaken before the person was listed in Schedule 2.

Marginal note:Oil exploration or production

• 3.03 (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 4, wherever situated, to Russia or to any person in Russia for use in

  • (a) offshore oil exploration or production at a depth greater than 500 m;

  • (b) oil exploration or production in the Arctic; or

  • (c) shale oil exploration or production.

• Marginal note:Services

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to provide to Russia or to any person in Russia any financial, technical or other services related to any good whose export, sale, supply or shipment is prohibited by subsection (1).

• Marginal note:Non-application

  (3) Subsections (1) and (2) do not apply to goods or services if a contract for the export, sale, supply or shipment of the good or for any related service set out in subsection (2) is entered into before the day on which this section comes into force.

Marginal note:Ships

3.04 It is prohibited for any person to dock in Canada or pass through Canada any ship that is registered in Russia or used, leased or chartered, in whole or in part, by or on behalf of or for the benefit of Russia, a person in Russia or a person listed in Schedule 1, 2 or 3, unless such docking or passage is necessary to safeguard human life or to ensure navigational safety.

Marginal note:Petroleum

• 3.05 (1) 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 Schedule 5, wherever situated, from Russia or from any person in Russia.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to goods if a contract for the import, purchase or acquisition of the good is entered into before the day on which this section comes into force.

Marginal note:Restricted goods

• 3.06 (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 Russia or to any person in Russia if the good is referred to in the Restricted Goods and Technologies List or in Schedule 5.1.

• Marginal note:Restricted technologies

  (2) It is prohibited for any person in Canada and any Canadian outside Canada to provide to Russia or to any person in Russia any technology that is referred to in the Restricted Goods and Technologies List or in Schedule 5.1.

• 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 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 a subsidiary of such an entity;

  • (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 Russia 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/2022-102, s. 2]